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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Sonu @ Makkhi - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 163 of 2023
Decided On : 19-01-2023
Bail - Release on Added Offences - The court allowed the applicant's bail application, holding that the applicant is entitled to be enlarged on bail on the added offences.
Fact of the Case:
The applicant sought release on bail in a case where he was in judicial custody for offences under Sections 148, 149 & 307 IPC. He had previously been granted bail for other offences.
Finding of the Court:
The court found that the applicant is entitled to be enlarged on bail on the added offences and allowed the bail application.
Issues:
Ratio Decidendi: The court considered the fact that the applicant had already been granted bail for other offences and held that he should be released on bail for the added offences as well.
Final Decision: The bail application was allowed, and the applicant was ordered to be released on bail upon executing a personal bond and furnishing two reliable sureties.
JUDGMENT
Ravindra Maithani, J. - Applicant-Sonu @ Makkhi is in judicial custody in FIR/Case Crime No. 557 of 2022, under Sections 148, 149 & 307 IPC, Police Station Bhagwanpur, District Haridwar. 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. In fact, in this case, the applicant has already been granted bail by this Court on 10.01.2023. On that date, the applicant was in custody for the offences under Sections 147, 120B, 302 and 34 IPC. Now, merely because some more Sections 148, 149 & 307 IPC have been added, he has been denied bail.
4. Having considered, this Court is of the view that the applicant is entitled to be enlarged on bail on the added offences.
5. The bail application is allowed.
6. 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 consideration of the status of co-accused in similar roles in determining the eligibility for bail.
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 victim's lack of support for the prosecution case and her statement regarding the medical examination were crucial in the court's decision to grant bail to the applicant.
The court considered the applicant's previous bail grants and the release of the co-accused in the instant case as factors warranting the grant of bail under the U.P. Gangsters and Anti-Social Activi....
The decision emphasized the importance of considering the entirety of facts and the lack of substantial evidence against the applicant in granting bail.
The court considered the lack of support from the victim and informant, along with forensic evidence, in granting bail to the applicant.
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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