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Prashant Malakar vs State of Uttarakhand

Uttarakhand High Court · Decided on 4 August 2017 · Citation: (2017) 08 UK CK 0014

HON’BLE JUDGES
Sudhanshu Dhulia
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-147>Section 147</a>, <a href=1767-506>Section 506</a>, <a href=1767-332>Section 332</a>, <a href=1767-353>Section 353</a>, <a href=1767-504>Section 504</a> - Punishment for rioting - Punishment for criminal ,intimidation - Voluntarily causing hurt to deter public servant from his duty. - Assault or criminal force to deter public servant from discharge of his duty - Intentional insult with intent to provoke breach of the peace · <a href=16096>Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989</a>, <a href=16096-3>Section 3(1)(da)(dha)</a>
CASE NUMBER
923 of 2017
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Judgment

6 paragraphs · 201 words
1.

Heard Mr. Lalit Sharma, Advocate for the applicant and Mr. Subhash Tyagi Bhardwaj, Deputy Advocate General for the State of Uttarakhand and Mr. M.K. Ray, Advocate for the complainant.

2.

The applicant is in jail having been implicated in FIR No. 101 of 2017, which has been registered under Sections 147 / 332 / 353 / 504 / 506 of IPC and Section 3(1) (da) (dha) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station- Dineshpur, District-Udham Singh Nagar.

3.

Learned counsel for the applicant submits that applicant is in jail since 12.05.2017.

4.

Considering the overall evidence, which is presently available before this Court, prima facie, the applicant has been able to make out a case for bail, the bail application is allowed accordingly.

5.

Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the satisfaction of the Magistrate concerned.

6.

It is made clear that any observations made by this Court are only for the purposes of grant of bail. It shall not be taken into consideration at all in any other proceedings.