Advocates:
['NAGESH AGGARWAL', '', 'GOPAL K VERMA', 'G A']

IA No.683 of 2020 (Urgency Application)

In

BA1 No.2749 of 2019

Hon’ble N.S. Dhanik, J.

Mr. VBS Negi, learned Advocate along

with Ms. Prabha Naithani, learned Advocate

for the applicant.

Mr. A.K. Sah, learned A.G.A. along with

Mr. Sachin Panwar, learned Brief Holder for

the State.

Heard learned counsel for the parties.

The present applicant has sought his

release on bail in connection with Case

Crime No.414 of 2019, under Sections 420,

384, 386, 504, 506 and 120B IPC, registered

at Police Station – Sahaspur, District-

Dehradun.

It is argued by learned counsel for the

applicant that the applicant has falsely been

implicated in the crime and no offence is

made out against him. Apart from that, the

present applicant published only the news

which was disclosed by the co-accused-Amit

Kumar in press conference which is not

denied or disputed by the complainant; no

money was demanded by the present

applicant; complainant has made wrong

averment in his complaint by stating that

the news was published only by the present

applicant whereas the said news was also

published in other news paper including

A.N.I., News India and News Portal; no

specific role has been assigned to the

present applicant in the crime; the present

applicant has no criminal history and he is

languishing in jail since 22.11.2019.

Per contra, learned counsel for the

State opposed the present bail application

and argued that the offence is serious in

nature but admitted that the applicant has

no criminal history.

Considering

the

aforesaid

facts,

without expressing any opinion as to the

final merits of the case, this Court is of the

view that it is a fit case for bail and the

present applicant deserves bail at this stage.

Accordingly,

the

present

bail

application moved by the applicant – Shiv

Prasad Semwal is allowed. Let the applicant

be released on bail, on his executing a

personal bond and furnishing two sureties,

each of the like amount, to the satisfaction

of the Court concerned.

It

is,

however,

clarified

that

the

observations

made

by

this

Court,

hereinabove, are exclusively for the purpose

of disposal of bail application and the same

shall,

in

no manner,

affect

the

trial

proceedings.

Present bail application as well as

pending application, if any, stands disposed

of accordingly.

(N.S. Dhanik, J.)

Vacation Judge

15.01.2020

Sukhbant