In this bail application, the High Court held that it is a fit case for the release of the applicant and granted bail on a personal bond with two sureties, without expressing an opinion on the merits.
The applicant is released on bail on executing a personal bond and furnishing two sureties.
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IA No.15283 of 2019 (Misc. Appl. with Counter Affidavit) In
BA1 No.2237 of 2019 Hon’ble R.C. Khulbe, J.
Mr. Abhishek Verma, learned Advocate holding brief of Mr. Harshpal Sekhon, learned Advocate for the applicant.
Mr. Pankaj Joshi, learned Brief Holders for the State.
Counter affidavit is taken on record. Misc. application, made therefor, stands disposed of.
Heard learned counsel for the parties. The present applicant has sought his release on bail in connection with FIR No.385 of 2019, under Sections 3,4,5,6 of Immoral Trafficking Act and 370 of I.P.C., registered at Ramnagar, District Nainital.
It is argued by learned counsel for the applicant that the applicant has falsely been implicated in the crime; no offence is made out against him; statements of the victims under Section 164 Cr.P.C. have already been recorded but they did not support the prosecution story as alleged in the FIR; there is no criminal history of the accused; he is languishing in jail since 28.09.2019 and the case is triable by a Magistrate.
Per contra, learned counsel for the State opposed the present bail application but admitted that statements of the victims have already been recorded under Section 164 Cr.P.C. before the Magistrate but they did not support the prosecution story as alleged in the FIR.
Considering the aforesaid facts, without expressing any opinion as to the final merits of the case, this Court is of the view that it is a fit case for bail and the present applicant deserves bail at this stage.
Accordingly, the present bail application moved by the applicant – Sanjeev Kumar is allowed. Let the applicant
be released on bail, on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Court concerned.
It is, however, clarified that the observations made by this Court, hereinabove, are exclusively for the purpose of disposal of bail application and the same shall, in no manner, affect the trial proceedings. Present bail application as well as pending application, if any, stands disposed of accordingly.
(R.C. Khulbe, J.) 21.11.2019
Sukhbant
2 issues framed by the court
Whether the applicant deserves bail at this stage.
Whether the applicant is fit for bail in a case triable by a Magistrate.
Sanjeev Kumar
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
