Dismissed

Jitendra Kumar Gupta v. State Of Uttarakhand

Uttarakhand HC22 May 2014BA2/214/2013

Case brief

AI extract

What is this about?

The High Court disposed of the bail application of the accused by holding that since eight prosecution witnesses had been examined in the trial court, the accused should move an application under Section 437(7) Cr.P.C. before the trial court to consider the recorded evidence on merits.

What did the court decide?

The applicant was directed to move an application under Section 437(7) Cr.P.C. before the Trial Court.

Jitendra Kumar Gupta Vs State Of Uttarakhand — Bail and Remand | Uttarakhand HC (2014)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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ORIGINAL JURISDICTION Dated : Nainital the 22^nd May, 2014

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Second Bail Application No.214 of 2013 Order on the bail application of accused

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CRIMINAL SIDE

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Jitender Kumar Gupta … Applicant versus State of Uttarakhand … Respondent

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Mr. S.K Aggarwal,Senior Advocate, assisted by Mr. Swapnil Bisht & Rajiv Saxena, Advocate, present for the applicant. Mr. P.S Saun, Deputy Advocate General alongwith V.S Mehra, Brief Holder, present for the State.

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U.C. Dhyani, J. (Oral)

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The applicant seeks bail in connection with Case Crime no.39 of 2012, under Sections 302, 201 IPC, relating to P.S. Tallital, District Nainital.

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

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An FIR was lodged against unknown person for the offences punishable under Sections 302/201 IPC. Learned counsel for the applicant argued, among other things, that the identity of the victim is in question and there was no recovery of mobile of the deceased either from the person of the applicant or at his pointing out.

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Learned counsel also drew the attention of this Court towards the statements of prosecution witnesses recorded by the Trial Court. It is stated that as many as eight prosecution witnesses

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have already been examined. In such a situation, the best course available for the applicant would be, to move application before the Trial Court under Section 437 (7) Cr.P.C., for, the same will give an opportunity to the Trial Court to consider the evidence, which has been recorded so far, on merits, to come to a prima facie conclusion as to whether the accused-applicant is entitled to bail or not?

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Present bail application is disposed of by directing the applicant to move an application under Section 437 (7) Cr.P.C, before the Trial Court, which application shall be decided by the said Court at an appropriate stage.

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Dated 22^nd May, 2014 SH

Jitendra Kumar Gupta v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

Jitendra Kumar Gupta v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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