Sonu Singh v. State of Uttarakhand
Case brief
What is this about?
This judgment rejects a bail application by Sonu Singh accused of impersonating candidates in a government recruitment examination. The court held that the nature of the offence involved deep-rooted conspiracy harming society, rendering standard bail guidelines inapplicable. The application was dismissed despite arguments regarding medical illness and ex parte non-appearance in one instance.
What did the court decide?
Bail application stands rejected.
What the court decided
HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application No. 796 of 2020
Sonu Singh ..…Applicant Versus State of Uttarakhand .… Respondent
Present :
Mr. Gajendra Singh, Advocate for the applicant.
Mr. Sandeep Tandon, Deputy Advocate General along with Mrs. Mamta Joshi, Brief Holder for the State of Uttarakhand.
Dated: 1 st July, 2020
JUDGMENT
Hon’ble Sharad Kumar Sharma, J.
The applicant, who is an accused, in Case Crime No. 438 of 2019, for the offences under Sections 419, 420, 468, 471 and 120-B of the IPC, which has been registered at Police Station Rudrapur, District Udham Singh Nagar on 21.08.2019. The present Bail Application has been preferred by the applicant, on the rejection of the Bail Application, by the Court of District and Sessions Judge, Udham Singh Nagar, by an order dated 13th May, 2020, which, in turn, was affirming the rejection order passed in Bail Application No. 616 of 2020, Sonu Vs. State of Uttarakhand, which was rejected by the Court of In-charge Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to an accused involved in a conspiracy to impersonate candidates in a government examination resulting in severe societal harm.
Whether the principles in Arnesh Kumar and Sanjay Chandra mandate automatic bail without considering the gravity of the conspiracy and evidence.
Whether pathological reports and medical receipts submitted by the applicant sufficient to grant bail given the strength of prosecution material.
Parties & counsel
- appellant
Sonu Singh
- respondent
State of Uttarakhand
Coram
Sharad Kumar Sharma
Case details
As recorded by the court registry
- Court
- Uttarakhand HC
- Decided on
- · July
- Registered
- Case no.
- BA1/796/2020
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