Uttarakhand High Court
Kapil Rawat vs State Of Uttarakhand on 20 July, 2016
Author: U.C. Dhyani
Bench: U.C. Dhyani
B.A.1 No. 782 of 2016 U.C. Dhyani, J.
Mr. Arvind Vashisth, Sr. Advocate assisted by Mr. Vivek Pathak, Advocate for the applicant.
Mr. V.K. Gimini and Mr. M.A. Khan, Dy. Advocate Generals with Mr. Kartikey Hari Gupta, Brief Holder for the respondent State.
Applicant Kapil Rawat, who is in jail in connection with FIR no. 81 of 2016, under Sections 341, 332, 353, 394, 411, 427, 504 IPC, registered at Police Station, Ramnagar, District Nainital, has sought his release on bail.
Heard learned counsel for the parties, considered the grounds taken up in the bail application and perused the documents brought on record.
An FIR was lodged against the applicant and others for the offences punishable under Sections 341, 332, 353, 394, 411, 427, 504 IPC, alleging therein that they hurled abuses, committed maarpeet with the complainant and other police personnel, who were doing duty with the Chairman of the Forest Development Corporation. It is also alleged that the service pistol of the police personnel was robbed off by the hooligans.
No serious injuries were sustained by the police personnel. Learned counsel for the applicant admitted that other cases under Section 323 IPC are pending against the applicant, but the applicant is not a previous convict. The applicant is in jail since 27.03.2016.
Considering the overall conspectus of things, the Court is of the opinion that a case of bail is made out in favour of the applicant.
The bail application is allowed. Let the applicant be released on bail on his executing a personal bond and furnishing two sureties, each of like amount to the satisfaction of the Magistrate concerned.
(U.C. Dhyani, J.) 20.07.2016 Negi