In this bail application, the High Court allowed the bail of the accused who was in jail for offences under Sections 379/411 of IPC, finding that he prima facie made out a case for bail.
Applicant enlarged on bail on executing a personal bond and two reliable sureties to the satisfaction of the court.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTION
Dated: Nainital: November 22, 2017
First Bail Application No. 1818 of 2017
Order on the bail application of accused.
Criminal Side Danish
……..… Applicant
Versus
State of Uttarakhand
…… Respondent
Hon’ble Sudhanshu Dhulia, J. (Oral)
Heard Mr. D.N. Sharma, Advocate, for the applicant and Mr. J.S. Virk, Assistant Government Advocate, for the State of Uttarakhand.
The applicant is in jail having been implicated in FIR No.299 of 2017, which has been registered under Sections 379/411 of IPC, at Police Station – Kichha, DistrictUdham Singh Nagar.
Learned counsel for the applicant submits that charge sheet has already been filed in the matter and there is no occasion for the applicant tampering with the evidence. He further submits that the applicant has no previous criminal history and he is in jail since 18.08.2017.
Considering the overall evidence, which is presently available before this Court, prima facie , the applicant has been able to make out a case for bail. The bail application is allowed accordingly.
Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the satisfaction of the Magistrate/court concerned.
It is made clear that any observations made by this Court are only for the purposes of grant of bail. It shall not be taken into consideration at all in any other proceedings.
(Sudhanshu Dhulia, J.) 22.11.2017
Nitesh
1 issue framed by the court
Whether bail should be granted to the applicant accused of offences under Sections 379/411 of IPC.
Danish
State of Uttarakhand
Sudhanshu Dhulia
As recorded by the court registry
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