Shiv Pal And Others vs State Of Uttarakhand

Ravindra Maithani, J

Applicants Shiv Pal and Arjun are in judicial custody in FIR No.826 of 2020, under Sections 302, 307, 504, 506 and 34 IPC, Police Station Kotwali Laksar, District Haridwar. They have sought short term bail on the ground of marriage of their sister.

Heard learned counsel for the parties and perused the record.

Learned counsel for the applicants would submit that applicants’ father has died. Both the applicants are real brothers. Their presence at the time of marriage of their sister is necessary. It is submitted that applicant Shiv Pal, being the elder brother, may require little longer time with regard to the marriage, whereas, the applicant Arjun may be granted short term bail for a shorter period.

Learned State Counsel would submit that the reports with regard to both the applicants, as per instructions, are satisfactory.

Since the marriage is on 09.12.2022, having considered, purely on the humanitarian ground, this Court is of the view that to attend the marriage of their sister, the applicant Shiv Pal may be granted short term bail for a period of seven days from the date of his release. Whereas, applicant Arjun may be granted short term bail for a period of three days from the date of his release.

Short term bail applications are allowed.

Accordingly, the applicant Shiv Pal shall be enlarged on short term bail for a period of seven days from the date of his release and applicant Arjun shall be released on short term bail for a period of three days from the date of his release, on their executing a personal bond and furnishing two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Court concerned. It is further directed that, on expiry of the period of short term bail granted to the applicants, the applicants shall surrender before the court concerned and intimation to this effect shall also be given to this Court.

In addition to it, the applicants shall also comply with the following conditions:-

(i) The applicants shall not approach any witness/victim, or the members of the family of the victim, in any manner, whatsoever.

(iii) The applicants shall deposit their passports, if any, in the court. In case the applicants do not have passport, they shall give an undertaking to that effect.