High CourtsSingle Bench

Sharafat Ali vs State Of Uttarakhand

Uttarakhand High Court · Decided on 16 July 2024 · Citation: (2024) 07 UK CK 0091

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 376, 506
RESULT
Disposed Of
CASE NUMBER
Third Bail Application No. 46 Of 2024
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Judgment

11 paragraphs · 351 words

Ravindra Maithani, J

1.

Applicant is in judicial custody in Case Crime No.672 of 2022, under Sections 376 and 506 IPC, Police Station Patel Nagar, District Dehradun. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

This is the third bail application. The first bail application, being BA1 No. 493 of 2023, was dismissed as withdrawn on 22.12.2023. The second bail application, being BA2 No.58 of 2024, was rejected on 04.03.2024. The third bail application has been filed solely on the ground of ill health of the applicant.

4.

Learned counsel for the applicant would submit that the applicant is suffering with heart disease; he had undergone angiography on 06.05.2024, and as per the Doctor, the applicant needs CCU care and regular follow up. It is argued by learned counsel for the applicant that CCU facility is not available in the jail.

5.

Learned State Counsel admits that the applicant is unwell, suffering with heart ailment, but with regard to CCU care, he would submit that this document has not been verified.

6.

The Court had option to call a detailed report from jail or to release the applicant on a short term bail.

7.

Learned counsel for the applicant would submit that this bail application may be treated as short term bail application.

8.

Without adverting further on any aspect of the matter, purely on the humanitarian ground, this Court is of the view that, the applicant may be granted short term bail for a period of eight weeks from the date of his release.

9.

Accordingly, the applicant shall be enlarged on short term bail only for a period of eight weeks from the date of his release on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned. It is further directed that, on expiry of eight weeks, the applicant shall surrender before the court concerned and intimation to this effect shall also be given to this Court.

10.

The bail application stands disposed of, accordingly.