Back
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Jabir Ali - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 505 of 2022
Decided On : 06-01-2023
Bail - Criminal Law - The court granted bail to the applicant, who was in judicial custody under various sections of the Indian Penal Code, in a case involving a suspicious vehicle deal and non-return of advance money.
Fact of the Case:
The applicant was in judicial custody in a case involving a suspicious vehicle deal and non-return of advance money. The informant had paid an advance amount for the vehicle but later found it suspicious and the applicant did not return the money.
Finding of the Court:
The court found the case fit for bail and granted the applicant's release on bail upon executing a personal bond and furnishing two reliable sureties.
Issues: Bail application in a case involving allegations of fraudulent vehicle deal and non-return of advance money.
Ratio Decidendi: The court considered the circumstances of the case and deemed it fit for granting bail to the applicant.
Final Decision: The bail application was allowed, and the applicant was ordered to be released on bail upon fulfilling the specified conditions.
JUDGMENT
Ravindra Maithani, J. - Applicant-Jabir Ali is in judicial custody in FIR No. 341 of 2021, under Sections 420, 467, 468, 471, 504, 506 & 120B IPC, Police Station Nanakmatta, District Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, the informant wanted to purchase a vehicle from the applicant and a deal was stuck, the informant also paid some advance money i.e. Rs. 5,30,000/-. But subsequently, the informant came to know that the vehicle is suspicious, therefore, he dropped the idea to purchase the vehicle. According to the FIR, the applicant has not been returning the money.
4. 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.
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's discretion in granting bail based on the circumstances of the case and the applicant's eligibility for bail.
The court considered the nature of the applicant's business, the absence of complaints from individual owners of the recovered trucks, and the lack of evidence regarding the custody of the trucks by ....
The court established that at the bail stage, the presumption of innocence prevails, and the seriousness of allegations must be weighed against the applicant's rights, leading to the conclusion that ....
The principle that bail should be granted in the absence of substantial evidence linking the accused to the crime, particularly when the accused has been acquitted of related charges.
The court established that the nature of the relationship and the circumstances surrounding the allegations can influence the decision to grant bail, particularly when the victim supports the prosecu....
Bail can be granted in serious offenses if the circumstances indicate no immediate threat to the informant or evidence, provided appropriate conditions are imposed.
The principle of parity in granting bail based on the similarity of roles with co-accused.
The court considered the lack of support from the victim and informant, along with forensic evidence, in granting bail to the applicant.
The absence of previous conviction, the quantity of the recovered substance, and the presence of independent witnesses are crucial factors in determining bail under the Narcotic Drugs and Psychotropi....
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
