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RAVINDRA MAITHANI
Malkhan Singh Saini – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant-Malkhan Singh Saini is in judicial custody in FIR No.570 of 2022, under Sections 379 & 411 IPC, Police Station Kashipur, District Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record. Learned counsel for the applicant appeared through video conferencing.
3. It is argued that the applicant is not named in the FIR; he has falsely been implicated; nothing was recovered from the applicant; applicant was also involved in three cases in the past, but he has already been on bail in those matters and he is not a previous convict.
4. Learned State Counsel would submit that the bail rejection order does not reveal any previous conviction of the applicant.
5. Having considered, this Court is of the view that the applicant is entitled to be enlarged on bail. Accordingly, the applicant deserves to be enlarged on bail.
6. The bail application is allowed.
7. Let the applicant 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.
The court considered the lack of evidence connecting the applicant to the alleged offenses and his lack of previous conviction as grounds for granting bail.
The court established that changed circumstances and lack of evidence of threats can justify the granting of bail, even after previous cancellations.
The significance of the Test Identification Parade is diminished if proper procedures regarding the identification of the accused are not followed, particularly concerning their being kept baparda.
The court's decision was based on the assessment of the case as fit for bail, considering the lack of previous conviction and the arguments presented by the applicant.
The court may grant bail after considering factors such as the nature of the case, the co-accused's bail status, and the applicant's criminal record.
The lack of support from key witnesses and the bail granted to co-accused can be considered as factors in granting bail in criminal cases.
The court's decision is based on the lack of material against the applicant and the related bail status, leading to the conclusion that the case is fit for bail under the Uttar Pradesh Gangster and A....
The court considered the bail granted to co-accused with a similar role as a significant factor in deciding to grant bail to the applicants.
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