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RAVINDRA MAITHANI
Mobin – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant-Mobin is in judicial custody in FIR No. 285 of 2021, under Sections 147, 323, 326, 307, 504, 506 & 452 IPC, Police Station Jaspur, District Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. It is argued that both the injured and the informant have not supported the prosecution case and the co-accused have already been granted bail.
4. These facts are 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 lack of support from the victim and informant, along with forensic evidence, in granting bail to the applicant.
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 lack of evidence connecting the applicant to the alleged offenses and his lack of previous conviction as grounds for granting bail.
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 has the discretion to grant bail after considering the circumstances of the case and the conduct of the accused, including the treatment of co-accused in similar situations.
The court established that changed circumstances and lack of evidence of threats can justify the granting of bail, even after previous cancellations.
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 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 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....
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