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Lokender Vs State Of Uttarakhand — Murder and Culpable Homicide | Uttarakhand HC (2014)

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Uttarakhand HC
2014
Lokender Vs State Of UttarakhandLokender v. State Of Uttarakhand

Allowed

Lokender v. State Of Uttarakhand

Uttarakhand HC25 Mar 2014BA2/4/2014

Case brief

AI extract

What is this about?

In a bail application filed under Sections 302 and 307 of the IPC, the High Court of Uttarakhand granted bail, finding that the case for bail was made out and noting parity with a co-accused who had already been enlarged on bail.

What did the court decide?

The bail application was allowed; the applicant was released on bail upon executing a personal bond and furnishing two local reliable sureties.

What the court decided

AI extract

Outcome

The bail application was allowed; the applicant was released on bail upon executing a personal bond and furnishing two local reliable sureties.

Issue for consideration

Whether the applicant is entitled to release on bail in a case under Sections 302 and 307 of IPC? +1 more

Detailed headnote1 paragraphs

The High Court held that a case of bail was made out in favour of the applicant charged under Sections 302 and 307 of the Indian Penal Code. Considering the attenuating circumstances and the fact that a co-accused with a similar role was already released on bail, the applicant was entitled to release on bail upon executing a personal bond and furnishing two sureties.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Original Jurisdiction

Dated: Nainital the 25^th Day of March, 2014 2^nd Bail Application No. 04 of 2014.

Order on the Bail Application:

CRIMINAL SIDE

Lokender ..…… Accused/Applicant (in jail)

versus

State of Uttarakhand ...………. Opposite party

FIR No. 204 of 2012 Under Sections 302 and 307 of IPC Police Station – Rudrapur District- Udham Singh Nagar

Mr. Harshpal Sekhon and Lalit Sharma, Advocates present for the applicant. Mr. S. S. Adhikari, Additional Government Advocate, present for the State/respondent.

U.C.Dhyani, J.

Applicant, who is in jail in connection with FIR No. 204 of 2012, relating to offences punishable under Sections 302 and 307 of IPC, Police Station Rudrapur, District Udham Singh Nagar, has sought his release on bail.

2

Heard learned counsel for the parties, perused the material on record and considered the grounds taken up in the bail application.

Co-accused Deepak Bisht with similar role was directed to be enlarged on bail vide order dated 19.12.2013. Accusedapplicant has no previous criminal history and he is in jail since 07.05.2012. Learned counsel for the applicant contended that the applicant is also entitled to be released on bail on the ground of parity.

Considering the facts of the case and attenuating circumstances, a case of bail is made out in favour of the applicant.

Accordingly, the bail application of the applicant is allowed. Let the applicant Lokender be released on bail on his executing a personal bond and furnishing two local reliable sureties, each of the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar.

(U.C.Dhyani J.) 25.03.2014

Kaushal

3

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the applicant is entitled to release on bail in a case under Sections 302 and 307 of IPC?
2.
Is a case of bail made out considering the parity with a co-accused already released on bail?

Statutes considered

1 provisions across 1 enactments

AI extract

IPC302, 307

Parties & counsel

AI extract

applicant
Lokender
respondent
State of Uttarakhand

Coram

AI extract

U.C. Dhyani

Case details

As recorded by the court registry

Court: Uttarakhand HC
Decided on: 25 Mar 2014 · March
Registered: 15 Jan 2014
Case no.: BA2/4/2014
CNR: UKHC010035572014
Topic: Murder and Culpable Homicide
Bench: U. C. Dhyani
Disposal: GRANTED

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Cite this judgement

Lokender v. State Of Uttarakhand, BA2/4/2014 (UK), decided on 25 March 2014.

The High Court of Uttarakhand publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

IPC302, 307

View all statutes

Bench / Coram

U.C. Dhyani

Parties & counsel