2008 Supreme(All) 2142

2009 (65) ACC 109
ALLAHABAD HIGH COURT
B.N. SHUKLA, J.
HARI RAM – Appellant
Versus
STATE OF U.P. – Respondent
Criminal Misc. Bail Application No. 24977 of 2008
Decided on: September 11, 2008

The court's decision was based on the entitlement of the applicant, who had completed the formalities for an electric connection, to be released on bail, without expressing any opinion on the merits of the case.

Headnote:

Electricity Act - Bail Application - The court granted bail to the applicant, a farmer, who had completed all formalities for an electric connection to his tube-well but had not received the connection papers. The court considered the circumstances and the submissions, and without expressing any opinion on the merits of the case, granted bail to the applicant.

Fact of the Case:

The applicant, a farmer, had completed all formalities for an electric connection to his tube-well but had not received the connection papers. He was in jail since 23.8.2008.

Finding of the Court:

The court, considering the facts and circumstances of the case and the submissions made by the applicant's counsel, granted bail to the applicant without expressing any opinion on the merits of the case.

Issues: Bail application for the applicant involved in case Crime No. 266 of 2008, under sections 135, 136, 139 Indian Electricity Act, P.S. Mauaima, District Allahabad.

Ratio Decidendi: The court found that the applicant, having completed the formalities for the electric connection, was entitled to be released on bail, and granted bail on the condition that the due amount be deposited within one month after his release.

Final Decision: The court granted bail to the applicant, Hari Ram, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, provided the applicant deposits the due amount within one month after his release.