The court allowed the bail application of the applicants accused under Sections 498A, 304-B, 120-B and 34 IPC, holding them a fit case for bail based on parity and lack of prior criminal history, despite the victim sustaining injuries.
The accused applicants be released on bail on executing a personal bond each and furnishing two sureties.
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BA-3 No.18 OF 2014
Hon’ble U. C. Dhyani, J.
Mr. R. P. Nautiyal, Senior Advocate assisted by Mr. M. S. Bisht, Advocate & Mr. B. S. Koranga, Advocate present for the applicants. Mr. M. A. Khan, Deputy Advocate General present for the State.
Mr. T. C. Agarwal, Advocate present for the complainant.
The applicants seek bail in connection with Case Crime no.01 of 2014, under Sections 498A, 304-B, 120-B & 34 IPC, P.S. Patti Patwari Kshetra Bura, Tehsil Ghat, District Chamoli.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
Learned counsel for the complainant opposed the bail tooth and nail to argue that the bail should not be granted to the applicants, inasmuch as, the victim has sustained antemortem injuries.
For the reasons stated in the bail order dated 11.12.2014 of Smt. Motima, mother-in-law of the deceased, present applicants, who are respectively father-in-law and brother-in-law of the victim and are in jail since 01.01.2014, with no previous criminal history, are entitled to bail.
Considering new grounds which have emerged through third bail application, it appears to be a fit case of bail in favour of the applicants on the ground of parity. The bail application is allowed. Let the accused-applicants be released on bail on their executing a personal bond each and furnishing two sureties, each of the like amount to the satisfaction of the C.J.M., Chamoli.
(U. C. Dhyani, J.)
Dated 19.12.2014
Rawat
3 issues framed by the court
Whether the applicants are entitled to bail considering the victim sustained antemortem injuries.
Whether the case constitutes a fit case for bail on the ground of parity.
Whether the applicants, who have no previous criminal history, deserve release from custody.
4 provisions across 1 enactments
applicants
State
complainant
U. C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
