Uttarakhand High Court
BA1/2567/2020 on 14 June, 2021
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
Office Notes,
reports, orders or
proceedings or
sl. No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
IA No.01 of 2021 (Misc. Appl. with suppl. Affidavit)
IA No.02 of 2021 (Misc. Appl. with counter affidavit)
IA No.03 of 2021 (Misc. Appl. with rejoinder affidavit)
IA No.05 of 2021 (Short Term Bail Application)
In
BA 1st No.2567 of 2020
Hon'ble Sharad Kumar Sharma, J.
(Via video conferencing).
Mr. Ramji Srivastava, Advocate, for the applicant.
Ms. Meena Bisht, Brief Holder, for the State of Uttarakhand.
The applicant, who is 71 years of age and a senior citizen, is alleged to be an accused for the commission of the offences under Section 376 of IPC, and under Sections 5/6 of the Protection of Children from Sexual Offences Act, 2012 and under Section 3(2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, which was registered against him, as an FIR No.143 of 2020, at Police Station Dehradun, District Dehradun.
The applicant has filed the short term bail application, contending thereof that the applicant is suffering from certain ailments i.e. COPD and bleeding per rectum, and in support of his contention, the learned counsel for the applicant has argued, that though the applicant is apparently shown to be engaged in the commission of the heinous offence, but scope of the short term bail itself is contemplated under the first proviso contained under Section 437 of the CrPC, and looking to the ailment, which the applicant, who is 71 years of age is suffering, a short term bail may be granted to him.
The said short term bail is opposed by the learned Government Advocate on the ground that the medical report, which has been filed by the applicant in support of the grant of short term bail i.e. of 01.03.2021, there in the report the condition of the patient is shown to be stable by the Senior Medical Officer, District Jail Dehradun. In response of it, the learned counsel for the applicant submits that the stability in the condition of the applicant, as referred in the medical certificate dated 19.05.2021, the particularly the disease which the applicant is suffering from is still persisting though his condition might be stable. Hence, the learned counsel for the applicant submits that he wants the patient, who is 71 years of age, to avail a better medical facility, for which a short term bail is being sought.
Looking to the age and the condition and the stability of the disease which persists from January till May, 2021, it would be in the interest of justice that the applicant be released on bail in terms of the 1st proviso to Section 437 of the CrPC. Accordingly, the short term bail application is allowed.
The applicant is directed to be released on bail for a period of two months from the date of his release, subject to furnishing of his personal bond and the two sureties of the like amount to the satisfaction of the Magistrate concerned.
After the expiry of the aforesaid period, the applicant would surrender forthwith, with the jail authorities.
(Sharad Kumar Sharma, J.) 14.06.2021 NR/