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RAVINDRA MAITHANI
RAHUL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
Applicant Rahul, who is in judicial custody in FIR No.155 of 2019, under Sections 147, 149, 325, 307 and 504 IPC, Police Station Basant Vihar, District Dehradun, has sought his release on bail, which is basis of the Criminal Case No.1254 of 2020 “State Vs. Rahul" pending in the court of learned Chief Judicial Magistrate, Dehradun.
2. This is the second bail application of the applicant. His first bail application was rejected on 14.05.2020.
3. Heard learned counsel for the parties and perused the record.
4. The first information report in the instant case was lodged on 19.11.2019. According to it, on that date, the victim who is the son of the informant proceeded towards Dakpathar, Near Kanwali Chowk, the traffic was halted and from the opposite direction, a vehicle bearing registration no.UK07CA 7014, driven by the applicant, approached the victim. The applicant started abusing the victim and when the victim objected to it, according to the first information report, the applicant alighted from his vehicle and hit the victim on his head with an iron rod. The victim was taken to the hospital. It is this FIR, in which after investigation ch
The relevance of witness statements from a juvenile inquiry can influence bail decisions, particularly when they indicate a lack of specific involvement in the alleged crime.
The court established that the identification of the accused and the nature of injuries are critical factors in bail considerations under IPC provisions.
Regular bail granted to a senior citizen accused in a criminal case considering the completion of investigation, recovery of weapon, lack of criminal antecedents, and advanced age as mitigating facto....
The court established that prolonged detention without trial, alongside the filing of a charge-sheet and the differentiation of roles in the alleged crime, can justify the granting of bail.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
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