The High Court allowed a bail application. The applicant, Rohit, was lodged in jail under Sections 307, 504, 506 IPC and Section 34 IPC for alleged assault and robbery..
Applicant Rohit released on bail by executing a personal bond and furnishing two reliable sureties of like amount.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BA1 No. 1656 of 2021 Hon’ble N.S.Dhanik, J. |
|||
| Mr. Tanuj Semwal, learned counsels for the applicant. Ms. A.K.Shah, learned Deputy A.G. for the State. The applicant Rohit, who is in Jail in connection with FI R No. 57 of 2021, under Sections 307, 504, 506 and 34 I PC, Police Station Pantnagar, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties and considered the grounds taken up in the bail application. Learned counsel for the applicant submits that applicant has falsely been implicated in the instant crime; has no previous criminal history and is languishing in jail since 31.05.2021. He further submits that according the FI R, on the date of alleged incident, victim suddenly met with the accused persons and only thereafter, the alleged incident have been took place between the parties, therefore, there was no intention or knowledge to com mit such offence. Furthermore, the FI R is delayed one; inasmuch as there is a delay of two days. He also submits that no specific role has been assigned to the applicant. He also submits that in case, the applicant is granted bail, he will not misuse the same and will furnishthe bailsurety as perthe |
| satisfaction of the Court. Learned State Counsel although opposed the bail application on the |
|---|
| ground that there is specific allegation against the applicant along with other co-accused persons beaten the son of the complainant with iron rod and |
| wooden stick and also looted |
| Rs.1,500/ - and mobile phone from the |
| son of the complainant and caused |
| grievous injury but admit the fact that the applicant has no previous criminal history. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage. The bail application is allowed. Let the applicant Rohit be released |
| on bail, on executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. |
| ( N.S.Dh an ik , J.) 09.08.2021 Kaushal |
1 issue framed by the court
Whether the application for release on bail should be allowed given the applicant has no previous criminal history and denies intention to commit the offence.
Rohit
State
N.S. Dhanik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
