The Court allowed the second bail application on the ground of parity and lack of criminal history, directing the release on a personal bond with two reliable sureties.
Release of the accused on a personal bond executed and furnishing two local reliable sureties of equal amount.
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.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTION Dated : Nainital the 26th March, 2014
Second Bail Application No.23 of 2014 Order on the bail application of accused
CRIMINAL SIDE
Bacchan … Applicant
versus
State of Uttarakhand … Respondent
Ms. Manisha Bhandari, Advocate assisted by Mr. Prem Kaushal, Advocate for the applicant.
Mr. V. S. Pal, A.G.A. for the respondent State.
U.C. Dhyani, J. (Oral)
The applicant seeks bail in connection with FIR / Case Crime no.285 of 2012, S.T. no.79/2013, under Sections 395, 397 & 412 IPC, P.S. Kichcha, District Udham Singh Nagar.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
Learned counsel for the applicant submitted that co-accused, namely, Navi Sher @ Navi Sen and Zulfikar @ Zulfe, with similar roles, have been granted bail by this Court on 11.03.2014. The present applicant, too, has no previous criminal history and is in jail since 16.10.2012. Learned counsel for the applicant submitted that the applicant is ready to furnish local reliable sureties, if he is granted bail.
-2-
Considering the above facts and circumstances, a case of bail is made out in favour of the present applicant on the ground of parity. The second bail application is allowed. Let the accusedapplicant 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 the C.J.M., Udham Singh Nagar.
Dated 26th March, 2014 Rawat
2 issues framed by the court
Whether bail should be granted to the applicant on the ground of parity with co-accused who have been granted bail?
Whether a case for bail is made out given the applicant's lack of criminal history and readiness to furnish sureties?
1 provisions across 1 enactments
Bacchan
State of Uttarakhand
U. C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
