Surendra Singh vs State Of Uttarakhand

Sudhanshu Dhulia, J

Heard Mr. Abhishek Verma, Advocate, for the applicant and Mr. G.S. Sandhu, Government Advocate assisted by Ms. Mamta Joshi, Brief Holder,

for the State of Uttarakhand.

The applicant is facing trial in connection with FIR No.649 of 2012, which has been registered under Sections 147, 148, 149, 302, 307, 120-B/34 and

174 of IPC, at Police Station â€" Kashipur, District- Udham Singh Nagar.

Initially, the bail application of the applicant was rejected by this Court. The applicant was granted short term bail by this Court as his wife was to

be operated for “Hysterectomyâ€, which is a kind of surgery. Again now the short term bail application has been moved on behalf of the applicant

on ground that his son is suffering from “Infection in Testicularâ€​ and the operation has to be performed on the applicant’s son.

Learned Government Advocate had no objection, under these circumstances, if the short term bail application is granted to the applicant. However,

learned Government Advocate has expressed his apprehension that no particular date of operation is given by the applicant.

On the other hand, learned counsel for the applicant has given a statement before this Court on instructions from his client that the operation is to be

performed next week at “UJALA Hospital, Super Speciality Hospitalâ€​, Kashipur.

Considering the grounds mentioned in the short term bail application, the short term bail application is allowed. The applicant is hereby released on a

short term bail for a period of three weeks, from the date of his release from jail, on the following terms and conditions:-

(a) In case, the applicant has a passport, he shall surrender the same in the Court concerned, unless not already surrendered, and if he is not having

one, he shall swear an affidavit to this effect before the trial court within three days after his release from jail.

(b) The applicant shall be enlarged on a short term bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the

like amount to the satisfaction of the court concerned, out of which, one surety shall be of a close blood relative.

(c) The applicant shall also undertake within three days of his release from jail that he will not leave District Udham Singh Nagar without prior

approval of the concerned Magistrate.

(d) The applicant shall inform the Kotwali â€" Kashipur, District Udham Singh Nagar of his whereabouts on daily basis by being physically present in

Kotwali â€" Kashipur, District Udham Singh Nagar.

Subject to the above conditions, the applicant is hereby released on a short term bail for a period of three weeks, from the date of his release from

jail. The applicant shall surrender before the court concerned immediately after expiry of the period of short term bail.

List this matter on 04.08.2020 in the daily cause list.

Let a certified copy of this order be supplied today itself on payment of usual charges.