BA1/2294/2021 of ASHOK KUMAR Vs STATE OF UTTARAKHAND

Court: Uttarakhand High Court
Decision date: 2021-12-29
Case number: 2294 of 2021

Parties

BA1/2294/2021 of ASHOK KUMAR (PETITIONER)
STATE OF UTTARAKHAND (RESPONDENT)

Cites (1)

ARNESH KUMAR versus STATE OF BIHAR & ANR. (2014)

Statutes cited (3)

constitution of india, article-226 (1950)
constitution of india (1950)
indian penal code (1860)

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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**|
|---|---|---|---|---|
|||||BAI No. 2294 of 2021 **Hon’ble N.S. Dh an ik , J .** Ms. Aklema Parveen, learned counsel for the applicant. Mr. Lalit Miglani, learned A.G.A. for the State of Uttarakhand. Heard learned counsel for the parties. This is the first bail application moved on behalf of the applicant seeking regular bail in connection with FIR No. 175 of 2021 for the offences punishable under Sections 307, 504, 323 & 506 IPC, registered at PS Kathgodam, District Nainital. Learned counsel for the applicant submits that the applicant has falsely been implicated in the instant crime; that the applicant has no criminal history in his credit and he is languishing in jail since 18.07.2021. She also submits that due to the construction work, the complainant and the injured were having enmity with the applicant. She further submits that no offence under Section 307 is made out against the applicant as it is the case of provocation, there is no intention of the applicant to kill the injured persons and there is no injury which is grievous in nature or harmful to life. She also submits that applicant is the sole bread earner of his family and in case, he is granted bail, he will not misuse the same. Learned State Counsel although opposed the bail application by contending that there is cogent evidence available against the applicant but|

|admits the fact that the applicant has no|
|---|
|previous criminal history.|
|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 personal bond and|
|furnishing two reliable sureties, each of|
|like amount, to the satisfaction of Court|
|concerned. |
| **( N.S. Dhan ik , J.)** 29.09.2021|
|SB|