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Bhagat Singh vs State of Uttarakhand

Uttarakhand High Court · Decided on 1 November 2011 · Citation: (2011) 11 UK CK 0120

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Dowry Prohibition Act, 1961 — Section 3, 4 · Penal Code, 1860 (IPC) — Section 120B, 304B, 498A
RESULT
Allowed
CASE NUMBER
Second Bail Application No. 111 of 2011

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Judgment

6 paragraphs · 248 words

Hon''ble Prafulla C. Pant, J.—Heard.

2.

Applicant- Bhagat Singh, who is in jail in connection with Crime No. 01 of 2007, relating to offences punishable u/s 498A, 304B, 120B of I.P.C, and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, Police Station Patwari Circle Boli, District Almora, has sought his release on bail.

3.

Earlier applicant was granted bail by this court on 11.11.2008. It appears that he did not appear before the trial court on one of the dates fixed, and his bail was cancelled, and warrants were issued against him. It further appears from the papers on record, that the present applicant who is brother in law (JETH) of the deceased again surrendered in the month of August 2010.

4.

It is pleaded that since the applicant surrendered again, now one year has passed, and trial is yet not concluded. It is further argued that the applicant is in service in Delhi, and only for the reason that he failed to appear on one of the dates before the trial court, he can not be detained for indefinite period.

5.

In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves fresh bail.

6.

Therefore, this Bail Application is allowed. Let the applicant-Bhagat Singh, be released on bail on executing fresh personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Almora.