The High Court granted bail to the applicant in a criminal case involving Sections 115, 120B, 506 IPC. The order was based on parity with a co-accused previously enlarged on bail.
Bail granted on executing a personal bond and furnishing two sureties of like amount.
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B.A.1 No. 725 of 2014
U.C. Dhyani, J.
Mr. B.S. Parihar, Advocate for the applicant.
Mr. Hari Om Bhakuni, A.G.A. with Mr. B.M. Pingal, Brief Holder for the respondent State.
Applicant, who is in jail in connection with FIR no. 67 of 2012 (criminal case no. 18 of 2014), under Sections 115, 120B, 506 IPC, registered at police station, Kathgodam, District Nainital, has sought his release on bail.
Heard learned counsel for the parties, perused the material brought on record and considered the grounds taken up in the bail application.
Co-accused Ghanshyam Suyal, with almost identical role, was directed to be enlarged on bail by this Court, vide order dated 27.12.2013. The allegation against Ghanshyam Suyal (nonapplicant), in a nutshell, was that he was pressurizing the complainant to settle a criminal case amicably and for that he threatened the complainant with dire consequences. Applicant Laxman Thapa is not named in the FIR.
Considering the facts of the case, the applicant is entitled to bail on the ground of parity.
Bail application is allowed.
Let the applicant be released on bail on his executing a personal bond and furnishing two sureties, each of like amount, to the satisfaction of ACJM / JM, Haldwani.
HN
1 issue framed by the court
Whether the applicant, who is in jail in connection with FIR No. 67 of 2012, is entitled to bail on grounds of parity.
Laxman Thapa
State
U.C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
