Allowed

Vivekanand v. State of Uttarakhand

Uttarakhand HC22 Oct 2021BA2/58/2021

Case brief

AI extract

What is this about?

This judgment grants bail to the accused Vivekanand in an indemnity suit involving forgery and cheating. The court imposed a condition that the accused must apply to cancel a gifted property within 15 days of release. Both the State and private respondent had no objection to this condition.

What did the court decide?

Application for bail allowed; accused to execute personal bond, provide two sureties, and apply to cancel a gift deed within 15 days of release.

SL. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS
			BA2 No.58 of 2021 Hon’ble R.C. Khulbe, J. Mr. A.S. Rawat, learned senior counsel assisted by Mr. B.M. Pingal, learned counsel for the applicant. Mr. Siddharth Bisht, learned B.H. for the State. Mr. Pawan Mishra, learned counsel for the private respondent. This is the second bail application moved on behalf of the accused–Vivekanand, who is in judicial in connection with Case Crime/FIRNo.104 of 2016, u/s 420, 467, 468, 471, 120-B, 504 and 506 IPC, registered at Police Station Raipur, District- Dehradun, has sought his release on bail. It is the only argument advanced by learned senior counsel for the accused that the accused is ready to move an application for cancellation of gift deed dated 10.03.2010 within a period of 15 days from the date of his release on bail; he is ready to furnish the sureties and may be granted bail. Learned counsel for the State as well as learned counsel for the private respondent has no objection if the applicant is enlarged on bail on the above condition. Since, the accused is ready to move an application for cancellation of the above gift deed, accordingly, without making any comment on the merits, it is a fit case for bail at this stage. The second bail application is thus, allowed and the applicant is directed to be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned, provided he will move an application before the concerned Sub- Registrar for cancellation of the above gift deed within a period of 15 days from the date of his release on bail. In case of non-compliance of the order, the informant as well as the State has a right to move an application seekingcancellation of the

SL.
No

Date

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

COURT’S OR JUDGES’S ORDERS

BA2 No.58 of 2021
Hon’ble R.C. Khulbe, J.
Mr. A.S. Rawat, learned senior counsel
assisted by Mr. B.M. Pingal, learned counsel for the
applicant.
Mr. Siddharth Bisht, learned B.H. for the
State.
Mr. Pawan Mishra, learned counsel for the
private respondent.
This is the second bail application moved on
behalf of the accused–Vivekanand, who is in
judicial in connection with Case Crime/FIRNo.104
of 2016, u/s 420, 467, 468, 471, 120-B, 504 and 506
IPC, registered at Police Station Raipur, District-
Dehradun, has sought his release on bail.
It is the only argument advanced by learned
senior counsel for the accused that the accused is
ready to move an application for cancellation of gift
deed dated 10.03.2010 within a period of 15 days
from the date of his release on bail; he is ready to
furnish the sureties and may be granted bail.
Learned counsel for the State as well as
learned counsel for the private respondent has no
objection if the applicant is enlarged on bail on the
above condition.
Since, the accused is ready to move an
application for cancellation of the above gift deed,
accordingly, without making any comment on the
merits, it is a fit case for bail at this stage.
The second bail application is thus, allowed
and the applicant is directed to be released on bail
on his executing a personal bond and furnishing two
reliable sureties, each of the like amount, to the
satisfaction of the Court concerned, provided he
will move an application before the concerned Sub-
Registrar for cancellation of the above gift deed
within a period of 15 days from the date of his
release on bail. In case of non-compliance of the
order, the informant as well as the State has a right
to move an application seekingcancellation of the

bail. of. today paym	Pending application Let a certified copy itself, to the learned ent of usual charges,	, if any, stands disposed of this order be supplied, counsel for the parties, on as per rule.
Sukhbant		(R.C. Khulbe, J.) 22.10.2021

bail.
of.
today
paym

Pending application
Let a certified copy
itself, to the learned
ent of usual charges,

, if any, stands disposed
of this order be supplied,
counsel for the parties, on
as per rule.

Sukhbant

(R.C. Khulbe, J.)
22.10.2021

Vivekanand v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Vivekanand v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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