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2023 Supreme(UK) 88

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Mobin - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 990 of 2022
Decided On : 06-01-2023

Advocates appeared:
Meenu, Advocate, Lalit Miglani, Advocate

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.

Headnote:

Bail - Criminal Law - The court granted bail to the applicant, who was in judicial custody under various sections of the Indian Penal Code, after considering the lack of support from the injured and the informant for the prosecution case, and the fact that the co-accused had already been granted bail.

Fact of the Case:

The applicant sought release on bail while in judicial custody under various sections of the Indian Penal Code. Both the injured and the informant did not support the prosecution case, and the co-accused had already been granted bail.

Finding of the Court:

The court found that the lack of support from the injured and the informant, along with the bail granted to the co-accused, made it a fit case for bail, and the applicant deserved to be enlarged on bail.

Issues: The main issue was whether the applicant should be granted bail despite being in judicial custody under serious sections of the Indian Penal Code.

Ratio Decidendi: The court considered the lack of support from key witnesses and the fact that the co-accused had already been granted bail as key factors in granting 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 to the satisfaction of the court concerned.

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.

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