Back
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Kashmir Singh - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 2863 of 2022
Decided On : 23-12-2022
Bail - Criminal Law - The court granted bail to the applicant, who was in judicial custody under various sections of the Indian Penal Code and the Indian Forest Act, considering factors such as the co-accused being granted bail, it being a no-injury case, and the applicant not being a previous convict.
Fact of the Case:
The applicant, Kashmir Singh, sought release on bail while in judicial custody under various sections of the Indian Penal Code and the Indian Forest Act.
Finding of the Court:
The court found that the case was 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 sections of the Indian Penal Code and the Indian Forest Act.
Ratio Decidendi: The court considered factors such as the co-accused being granted bail, it being a no-injury case, and the applicant not being a previous convict in granting bail.
Final Decision: The bail application was allowed, and the applicant was ordered to be released on bail upon fulfilling certain conditions.
JUDGMENT
Ravindra Maithani, J. - Applicant Kashmir Singh is in judicial custody in Case Crime No.40 of 2014, under Sections 307, 379, 411 IPC and Section 26 of the Indian Forest Act, 1927, 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. It is argued by learned counsel for the applicant that the co-accused has already been granted bail; it is a no-injury case; the applicant is not a previous convict.
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 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.
Grant of bail based on compromise between parties and the likelihood of prolonged proceedings without expressing any opinion on the merits of the case.
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 court considered the similar bail granted to co-accused and the provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, in granting bail to the applicant.
The principle of parity in granting bail based on the similarity of roles with co-accused.
In the absence of direct evidence linking the applicant to the crime, and where the prosecution's case relies on circumstantial evidence, bail may be granted.
The court considered the completion of investigation, filing of charge-sheet, and the likelihood of trial consuming time before extending the indulgence of bail to the accused petitioner.
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....
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
