Bail application allowed. Applicant enlarged on bail required to deposit Rs. 58,000 as bond with personal bond and two sureties.
Enlarged on bail with personal bond, two sureties, and deposit of Rs. 58,000 as bank draft.
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BA1 No.2145 of 2019 Hon’ble R.C. Khulbe, J.
Mr. P.C. Pethshali with Ms. Reeta Saxena, Advs. for the applicant.
Mr. Pankaj Joshi, B.H. for the State.
Applicant-Gulam Sabir has sought his release on bail in connection with FIR no.22 of 2019 u/s 420, 120B, 466, 467, 468 and 471 IPC, registered at P.S. Kathgodam, Distt. Nainital.
It is argued that the applicant is ready to repay the entire amount (Rs.58,000/-) within one month, provided he is released on bail.
Per contra, learned State Counsel though opposed for bail.
Since the accused is ready to pay the entire amount within one month and as the trial would take time to conclude, the applicant can be enlarged on bail at this stage.
In these circumstances, without making any comment as to the final merits, the bail application is allowed. The applicant shall be enlarged on bail on executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Court concerned, subject to the condition that the applicant shall deposit a sum of Rs.58,000/- before the concerned Trial Court in the form of bank draft.
Pending application, if any, stands disposed of
(R.C. Khulbe, J.) 18.11.2019
Rdang
2 issues framed by the court
Whether the applicant is entitled to bail given his readiness to repay the disputed amount.
Whether conditions sufficient to mitigate risk of flight and tampering evidence can be imposed on bail.
Gulam Sabir
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
