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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Deepak - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 156 of 2023
Decided On : 17-01-2023
Bail - Criminal Law - The court granted bail to the applicant based on the consideration that the co-accused with similar roles had already been granted bail, indicating a case fit for bail and the applicant deserving to be enlarged on bail.
Fact of the Case:
The applicant sought release on bail in a case under various sections of the Indian Penal Code while being in judicial custody.
Finding of the Court:
The court found that the co-accused with similar roles had already been granted bail, leading to the decision that the applicant deserves to be enlarged on bail.
Issues: Bail application in a case under Sections 147, 148, 149, 323, 308, 452, 504, 506 IPC.
Ratio Decidendi: The consideration that co-accused with similar roles had already been granted bail influenced the court's decision to grant bail to the applicant.
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 Deepak is in judicial custody in FIR/Case Crime No.753 of 2022, under Sections 147, 148, 149, 323, 308, 452, 504, 506 IPC, Police Station Kotwali Manglore, District Haridwar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. It is argued that the co-accused having similar role have already been granted bail.
4. This fact is admitted by the learned State counsel.
5. Having considered, this Court is of the view that it is a case fit for bail and 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 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 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.
In dowry death cases, the court must evaluate the evidence and circumstances surrounding the allegations, and if the evidence suggests personal disputes rather than dowry-related motives, bail may be....
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 evidence connecting the applicant to the alleged offenses and his lack of previous conviction as grounds for granting bail.
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