Uttarakhand High Court
Devendra Pal Singh @ Kaka And Another vs State Of Uttarakhand ... on 27 June, 2013
Author: U.C.Dhyani
Bench: U.C.Dhyani
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated : Nainital the 27th Day of June, 2013
1st Bail Application No. 814 of 2013.
Order on the Bail Application :
CRIMINAL SIDE
Devendra Pal Singh @ Kaka and another
.......... Accused/Applicants (in jail)
versus
State of Uttarakhand ......................... Opposite party
FIR No. 109 of 2013,
Under Sections 147, 148, 149, 323, 436, 504, 506 IPC and 3 (1) (X) & 3
(2) (IV) of SC & ST Act,
Police Station - Ram Nagar,
District - Nainital.
Mr. M. S.Pal, Senior Advocate, assisted by Mr. Aamir Malik, Advocate for the
applicants.
Mr. Saneep Chaudhari, learned AGA, for the State/respondent.
Ms. Pushpa Joshi, Senior Advocate, assisted by Mr. Amit Kapri, Advocate,
present for the complainant.
Hon'ble U.C.Dhyani, J.
Heard learned counsel for the applicant and learned AGA for the State/respondent.
2. Applicants Devendra pal Singh @ Kaka and Sunny @ Sumit Pal Singh, who are in jail in connection with FIR No. 109 of 2013, relating to offences punishable under Sections 147, 148, 149, 323, 436, 504, 506 IPC and 3 (1) (X) and 3 (1) (IV) of the SC & ST 2 Act, Police Station Ram Nagar, District Nainital, have sought their release on bail.
3. An FIR was lodged by Charan Singh against the accused persons including the applicants on 01.05.2013 in PS Ram Nagar, for the offences punishable under Sections 147, 148, 149, 323, 504, 506 IPC and 3 (1) (X) and 3 (1) (IV) of the SC & ST Act. During the investigation, Section 436 IPC was added and the charge sheet was submitted. Accused persons Bhupendra Singh alias Babloo, Bhupendra Singh alias Balibir Singh and Sohan Singh were enlarged on bail by the learned Sessions Judge, Nainital, vide order dated 07.06.2013. The bail application of the present applicants Devendra Pal Singh alias Kaka and Suny @ Sumit Pal Singh was rejected on the ground, inter alia, that they have previous criminal history.
4. Whereas learned Additional Government Advocate opposed the bail application on the ground that these applicants fired upon the injured persons, learned counsel for the applicants submitted that the Final Report was filed in those other criminal cases. Learned counsel for the applicants also submitted that the accused-applicants are ready to abide by any condition, which may be imposed upon them.
5. Considering the fact that the co-accused were granted bail by the learned Sessions Judge, Nainital, and the Final Report was submitted by the Police in other criminal cases in which the first information report was lodged against them, this Court is of the view that the applicants should be granted bail on the basis of parity.
6. Accordingly, the bail application of the applicants Devendra Pal Singh alias Kaka and Suny @ Sumit Pal Singh is allowed. Let 3 the applicants Devendra Pal Singh alias Kaka and Suny @ Sumit Pal Singh be released on bail on each of them executing a personal bond and furnishing two heavy reliable sureties, each of the like amount to the satisfaction of the Judicial Magistrate, Ram Nagar.
(U.C.Dhyani J.) 27.06.2013 Kaushal 4