Uttarakhand High Court
BA2/169/2010 of DEVENDRA KUMAR Vs STATE OF UTTARAKHAND on 30 December 2010
COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 30th Day of December, 2010. IInd Bail Application No. 169 of 2010 Order on the Bail Application: CRIMINAL SIDE Devendra Kumar S/o Late Shri Ram Kishan R/o village Mukundpur, P.S Chaprauli, Dist Bagpat, Uttar Pradesh, at
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITALOriginal Jurisdiction Dated: Nainital: the 30[th] Day of December, 2010.IInd Bail Application No. 169 of 2010
Order on the Bail Application:CRIMINAL SIDE
Devendra KumarS/o Late Shri Ram KishanR/o village Mukundpur,P.S Chaprauli, Dist Bagpat,Uttar Pradesh, at presentSub-Inspector Civil Police,Police Station Pathri,District Haridwar
….….Applicant(In Jail)
State of Uttarakhand
Versus
………..Opposite Party
Hon’ble Prafulla C. Pant, J.
Mr. Sandeep Tandon, Advocate, with Ms. Deepa Arya, Advocate, present for the applicant.
Mr. Nandan Arya, A.G.A., Present for the State.
Applicant Devendra Kumar, who is in jail in connection with Case Crime No. 8 of 2009(S.S.T. No. 57 of 2009), relating to offence punishable Under Section 7/13(1)(d) read with section 13(2), Prevention of Corruption Act, 1988, Police Station Vigilance Sector, District Dehradun, has sought his release on bail.
Heard learned counsel for the parties.
The first bail application was rejected as not pressed by Hon'ble Justice B.C.Kandpal (since retired).
Learned counsel for the applicant submitted that applicant is in jail for last more than one and half year. After the first bail application was rejected in October 2009, now one year period has passed. The copy of order sheet filed with the bail application shows that not a single witness has been examined till the last date 16.11.2010. It is pleaded that applicant could not be kept in jail for an indefinite period In the above circumstances, keeping in mind, the fact that applicant has been in jail for more than one year, now he deserves bail.
Bail application is allowed. Let the applicant Devendra Kumar be released on bail on executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned. The IInd Bail Application stands allowed.
Dt. 30.12.2010Nahid
(Prafulla.C.Pant.,J)