Allowed

Kasim Ali v. State of Uttarakhand

Uttarakhand HC6 Aug 2021BA1/1164/2021

Case brief

AI extract

What is this about?

In this first bail application, the High Court granted regular bail to the applicant charged under Sections 354-C, 386, 506, and 509 IPC. The court allowed bail without expressing an opinion on final merits, fixing conditions for personal bond and sureties.

What did the court decide?

Applicant released on bail on executing a personal bond and furnishing two reliable sureties, each of like amount.

L. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS
			BAI No. 1164 of 2021 Hon’ble N.S. Dh an ik , J . Mr. Azmeen, learned counsel for the applicant. Mr. Dinesh Chauhan and Mr. Rohit Dhyani, learned Brief Holders for the State. This is first bail application moved on behalf of the applicant seeking regular bail in connection with F.I.R. No. 135 of 2021, for the offence punishable under Section 354-C, 386, 506 and 509 IPC, registered at P.S. Bazpur, District- Udham Singh Nagar. Learned counsel for the applicant submits that the applicant has falsely been implicated in the instant crime and is languishing in jail since 12.04.2021. He also submits that the applicant has neither edited any photographs of the victim nor he has demanded or received any money from her. He also submits that due to COVI D-19 Pandemic, the applicant has lost his job and right now he is not in a condition to get married but the complainant and the victim kept pressurizing the applicant to get married. He further submits that there is no specific date and time of the alleged incident as per the FIR and the prosecution has no material evidence regarding the obscene photographs. Furthermore, it is submitted by learned counsel for the applicant that the Investigating Officer has submitted the charge sheet before thelearned trial

L.
No

Date

Office Notes,
reports, orders or
proceedings or
directions and
Registrar’s order
with Signatures

COURT’S OR JUDGES’S ORDERS

BAI No. 1164 of 2021
Hon’ble N.S. Dh an ik , J .
Mr. Azmeen, learned counsel for the
applicant.
Mr. Dinesh Chauhan and Mr. Rohit
Dhyani, learned Brief Holders for the
State.
This is first bail application moved
on
behalf
of
the
applicant
seeking
regular bail in connection with F.I.R. No.
135 of 2021, for the offence punishable
under Section 354-C, 386, 506 and 509
IPC, registered at P.S. Bazpur, District-
Udham Singh Nagar.
Learned counsel for the applicant
submits that the applicant has falsely
been implicated in the instant crime and
is languishing in jail since 12.04.2021.
He also submits that the applicant has
neither edited any photographs of the
victim nor he has demanded or received
any money from her. He also submits
that due to COVI D-19 Pandemic, the
applicant has lost his job and right now
he is not in a condition to get married
but the complainant and the victim kept
pressurizing the applicant to get married.
He further submits that there is no
specific date and time of the alleged
incident
as
per
the
FIR
and
the
prosecution has no material evidence
regarding the obscene photographs.
Furthermore, it is submitted by
learned counsel for the applicant that the
Investigating Officer has submitted the
charge sheet before thelearned trial

Court and has deleted few Sections i.e.
386 and 509 IPC in the present case Learned State Counsel though opposed the bail application but admits the fact that the Investigating Officer has submitted the charge sheet before the
learned trial Court and has deleted few
Sections i.e. 386 and 509 IPC in the
present case. Considering the facts and
circumstances of the case, without
expressing any opinion as to the final
merits of the case, this Court is of the
view that the applicant deserves bail at this stage. The bail application is allowed. Let the applicant be released on
bail, on executing a personal bond and
furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. Let a certified copy of this order be
supplied to learned counsel for the
parties, on payment of usual charges, today itself.
( N.S. Dhan ik , J.) 06.08.2021 SB

Court and has deleted few Sections i.e.

386 and 509 IPC in the present case
Learned
State
Counsel
though
opposed the bail application but admits
the fact that the Investigating Officer has
submitted the charge sheet before the

learned trial Court and has deleted few

Sections i.e. 386 and 509 IPC in the

present case.
Considering
the
facts
and

circumstances
of
the
case,
without

expressing any opinion as to the final

merits of the case, this Court is of the

view that the applicant deserves bail at
this stage.
The bail application is allowed.
Let the applicant be released on

bail, on executing a personal bond and

furnishing two reliable sureties, each of
like amount, to the satisfaction of Court
concerned.
Let a certified copy of this order be

supplied to learned counsel for the

parties, on payment of usual charges,
today itself.

( N.S. Dhan ik , J.)
06.08.2021
SB

Kasim Ali v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Kasim Ali v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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