Uttarakhand High Court
Rambir @ Manga vs State Of Uttarakhand on 24 July, 2015
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
1st Bail Application No. 875 of 2015
Rambir @ Manga ... Applicant (in jail)
Vs
State of Uttarakhand ... Opp. Party
Mr. Manish Arora and Mr. Rajbeer Singh, Advocates, present for the applicant.
Mr. P.S. Saun, Deputy Advocate General with Ms. Shivali Joshi, Brief Holder, present for the
State.
Hon'ble Sudhanshu Dhulia, J.
This bail application was listed before this Court on 22.07.2015. On the last occasion Mr. Navneet Kaushik, Advocate informed the Court that the same applicant (in the present bail application) had earlier filed first bail application, in which he was the counsel for the complainant side and Mr. Pawan Mishra was the counsel on behalf of the applicant. Consequently, on the last occasion this Court had asked for a report of the Registry in this regard. The Registry has filed the report in the matter, which reads as under:-
"Vide order dated 22.07.2015 the Hon'ble Court has been pleased to direct the registry to furnish a report. In this regard it is most humbly submitted that error or mistake has been committed owing to concealment of the facts by the applicant/his counsel. In Bail Application No. 875/2015 the applicant has stated in Para No. 2 of the enclosed affidavit that this is the first bail applation before the Hon'ble court. No other bail application either pending or have been disposed off by this Hon'ble Court.
It is also to bring into the kind notice of the Hon'ble Court that applicant and his counsel deliberately showing the name of the applicant as Rambir @ Manga whereas in the earlier bail application no. 453/2014 the same was shown as Ramveer Singh Arya @ manga.
Due to these misleading averments made by the applicant/counsel, the registry was unable to point out that whether this bail application should be filed as First or Second bail application.
In the light of above statements the present bail should have been filed as Second bail application.2
The inconvenience to the Hon'ble Court is regretted for which the apologies are being sought.
Submitted."
It is clear from the above report of the registry that the applicant had earlier filed First Bail Application No. 453/2014 before this Court in which the name of the present applicant was Ramveer Singh Arya @ Manga whereas in the present bail application he shows his name as Rambir @ Manga.
In the first bail application (which was filed earlier by the applicant) being BA1 No. 453 of 2014, following order was passed:-
"Mr. Pawan Mishra, Advocate for the applicant. Mr. Raman Kumar Sah, Deputy Advocate General for the State.
Learned counsel for the applicant seeks permission to withdraw this bail application at this stage.
Order accordingly."
Prima facie vital and necessary facts have not been disclosed before this Court, as it is the second bail application on behalf of the applicant and not the first.
Mr. Manish Arora, learned counsel for the applicant, however, submits that this fact was not known to him. The bail application was brought to him by Mr. Rajveer Singh, Advocate, who is also present before the Court.
Before this Court proceeds any further in the matter, this Court deems it fit and necessary to summon the deponent of the present applicant, who is the father of the applicant, namely, Dharampal Singh. Let him be 3 present in this Court on the next date of listing, which is fixed for 03.08.2015 in the daily cause list.
Registry is to ensure notices be sent on the deponent - Dharampal Singh R/o H. No. 257 Badhedi Koli, Tehsil Deoband, District Saharanpur.
List this bail application on 03.08.2015 in the daily cause list.
(Sudhanshu Dhulia, J.) 24.07.2015 ASWAL