High CourtsSingle Bench

Kadir Baksh @ Pappu vs State of Uttarakhand

Uttarakhand High Court · Decided on 9 August 2011 · Citation: (2011) 08 UK CK 0141

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 156(3) · Dowry Prohibition Act, 1961 — Section 3, 4 · Penal Code, 1860 (IPC) — Section 498A, 504, 506
RESULT
Allowed
CASE NUMBER
First Bail Application No. 619 of 2011

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Judgment

7 paragraphs · 236 words

Prafulla C. Pant, J.—Shri Davesh Bishnoi, Advocate, present for the applicant.

2.

Shri S.S. Adhikari, A.G.A., present for the State.

3.

Applicant-Kadir Baksh @ Pappu who is in jail in connection with crime No. 13 of 2001 (criminal case No. 3765 of 2006), relating to offences punishable u/s 498A, 504, 506 I.P.C., and one punishable u/s 3/4 Dowry Prohibition Act, 1961, Police Station Kashipur, District Udham Singh Nagar, has sought his release on bail.

4.

Heard learned Counsel for the parties.

5.

The First Information Report appears to have been got lodged after obtaining orders u/s 156 Code of Criminal Procedure. When the orders were obtained, the marriage of the applicant with the complainant was already more than six years old. Learned Counsel for the State pointed out that the applicant was absconding. In reply to this on behalf of the applicant it is submitted that applicant had No. knowledge of the proceedings as he lives in Bareilly.

6.

Having considered submissions of learned Counsel for the applicant, and learned Counsel for the State, and after going through the allegations mentioned in the FIR, this Court is of the view that applicant Kadir Baksh @ Pappu deserves bail.

7.

Accordingly, bail application is allowed. Let the applicant Kadir Baksh @ Pappu be released on bail on executing personal bond, and furnishing two sureties each of like amount to the satisfaction of Additional Chief Judicial Magistrate, Kashipur.