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2001 Supreme(UK) 22

HIGH COURT OF UTTARANCHAL
M. C. JAIN
AHKAM - Appellant
Versus
STATE OF UTTARANCHAL - Respondents
Cri. Misc. Bail Appln. 111 Of 2001
Decided On : February 14, 2001

Advocates Appeared:
Madhu Tandan

The interpretation of the F. I. R. and S. 161, Cr. P. C. played a crucial role in the court's decision to grant bail to the applicant.

Headnote:

Bail - Criminal Law - Interpretation of F. I. R. and S. 161, Cr. P. C. - The court allowed the applicant to be released on bail based on the absence of a specific role assigned to the applicant in the F. I. R. and the statement under S. 161, Cr. P. C. indicating that the alleged act was committed by another individual.

Fact of the Case:

The applicant sought bail in a case under various sections of the Indian Penal Code. It was argued that no specific role had been assigned to the applicant in the F. I. R. and that a statement under S. 161, Cr. P. C. indicated another individual's involvement in the alleged offense.

Finding of the Court:

The court allowed the applicant to be released on bail, considering the absence of a specific role assigned to the applicant in the F. I. R. and the statement under S. 161, Cr. P. C. indicating another individual's involvement.

Issues: Interpretation of F. I. R. and S. 161, Cr. P. C. in granting bail to the applicant.

Ratio Decidendi: The absence of a specific role assigned to the applicant in the F. I. R. and the statement under S. 161, Cr. P. C. indicating another individual's involvement influenced the court's decision to grant bail to the applicant.

Final Decision: The applicant, Akram, was ordered to be released on bail upon furnishing a personal bond and two sureties to the satisfaction of the C. J. M., Haridwar.

( 1 ) HEARD learned counsel for the applicant and learned A. G. A.

( 2 ) IT is pointed out that no specific role has been assigned to the applicant in the F. I. R. It is also pointed out that in the statement under S. 161, Cr. P. C. Nasim stated that Lathi blow was struck on Yasin by Ikram. So far as the applicant is concerned, he may be released on bail.

( 3 ) LET the applicant Akram be released on bail in case crime No. 169/2000 under Ss. 147, 148, 149, 307, 452, 336, 302, I. P. C. P. S. Kotwali Roorkee, District Haridwar on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the C. J. M. , Haridwar. Order accordingly.

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