Back
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Kapil @ Ravan - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 405 of 2022
Decided On : 17-01-2023
Bail - Criminal Law - The court granted bail to the applicant, who was in judicial custody under Sections 394 & 411 IPC, finding the case fit for bail due to lack of evidence and the prosecution's failure to conduct a test identification parade.
Fact of the Case:
The applicant sought release on bail in a case involving allegations of firing, attack, and looting of cash and documents from the informant.
Finding of the Court:
The court found the case fit for bail and granted the applicant's release based on the lack of evidence and the prosecution's failure to conduct a test identification parade.
Issues: The issues involved the credibility of the prosecution's case and the lack of evidence supporting the allegations against the applicant.
Ratio Decidendi: The court's decision was influenced by the absence of evidence and the failure to conduct a test identification parade, leading to the conclusion that the case was fit for bail.
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-Kapil @ Ravan is in judicial custody in Case Crime No. 298 of 2020, under Sections 394 & 411 IPC, Police Station Kankhal, District Haridwar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 13.09.2020 at 10:00 in the late evening, when the informant was taking cash to his office, suddenly three persons fired at him; attacked him; looted Rs. 20 lakhs and some documents from him.
4. It is the prosecution case that on 19.01.2021, the applicant was arrested with cash and some identity documents of the informant.
5. Learned counsel for the applicant would submit that it is a false case. Nothing was recovered from the applicant. The alleged recovery took place after a long. There has been no test identification either of the person or of any article.
6. Learned State Counsel would submit that it is a case of recovery of money and some identity proof of the informant. He admits that, as per instructions, there has been no test identification parade conducted.
7. Having considered, this Court is of the view that it is a case fit for bail. Accordingly, the applicant deserves to be enlarged on bail.
8. The bail application is allowed.
9. 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 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 considered the lack of recovery from the applicants and raised the question of the applicability of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in a case of int....
The court considered the lack of support from the victim and informant, along with forensic evidence, in granting bail to the applicant.
The court established that in bail proceedings, the presence of substantial evidence, including recovered property and identification by witnesses, can outweigh procedural deficiencies such as the la....
The court established that a lack of supporting evidence from key witnesses can justify the granting of bail, highlighting the necessity of credible testimony in criminal cases.
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 considered the lack of evidence connecting the applicant to the alleged offenses and his lack of previous conviction as grounds for granting bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
