Uttarakhand High Court
Monu Rana vs State Of Uttarakhand on 5 August, 2020
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 966 of 2020
Monu Rana ...Applicant
Versus
State of Uttarakhand ....Opposite party
Hon'ble Ravindra Maithani, J.
Mr. Vaibhav Singh Chauhan, Advocate for the applicant.
Mr. Pratiroop Pandey, AGA for the State.
This matter is taken up and heard through Video Conferencing.
Applicant Monu Rana, who is in judicial custody, in Case Crime No. 258 of 2020, under Sections 147, 386 and 449 IPC, Police Station Kotwali Haridwar, District Haridwar, has sought his release on bail.
2. According to the FIR, on 04.03.2020, applicant entered the office of the informant and made him to talk a Rishipal Rana, who threatened the informant. The applicant told that informant that he has to give Rs.20/- per seat to him. At this informant, tried to raise alarm, but the applicant threatened him with a country-made pistol. The informant entered the bathroom and when he sensed that the applicant had gone, he came out of the bathroom and informed the police.
23. State was given time to file counter affidavit, which they did not file despite various opportunities. No reason is assigned as such, why counter affidavit has not been filed.
4. Learned counsel for the applicant would argue that co-accused has already been granted bail in the case.
5. The Court wanted to know from the learned State counsel as to how, this is an offence under Section 386 IPC and why it does not fall under Section 385 IPC. He fairly concedes that it is really a mere attempt to commit extortion.
6. Having considered the submissions, under the facts and circumstances of the case, this Court is of the view this is a case fit for bail.
7. The bail application is allowed. Let the applicant, namely, Monu Rana be released on bail, on executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.
8. This bail order be forwarded to concerned Court as well as the concerned jail through e-mail also.
(Ravindra Maithani, J.) 05.08.2020 Jitendra