Uttarakhand High Court
BA2/218/2013 of Gulfam Khan Vs State Of Uttarakhand on 28 December 2013
OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 28th December, 2013 Second Bail Application No.218 of 2013 Order on the bail application of accused CRIMINAL SIDE Gulfam Khan … Applicant versus State of Uttarakhand … Respondent Mr. Pawan Mishra, Advocate for
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HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 28[th] December, 2013
Second Bail Application No.218 of 2013 Order on the bail application of accused CRIMINAL SIDE
Gulfam Khan
versus
… Applicant
State of Uttarakhand
… Respondent
Mr. Pawan Mishra, Advocate for the applicant. Mr. S. S. Adhikari, Brief Holder for the respondent State. Mr. Lokendra Dobhal, Advocate for the complainant.
U.C. Dhyani, J. (Oral)
Applicant Gulfam Khan, who is in jail in connection with case crime no. 127 of 2008, for the offences punishable under Sections 302, 201, 364, 120-B, 506, 420, 467, 468, 471 of IPC, registered at police station Dalanwala, District Dehradun has sought his release on bail.
Informant Jameel Ahmad Ansari lodged an FIR against 15 named accused persons, including the applicant, on 10.07.2008, at police station Dalanwala, which was registered as case crime no. 127 of 2008, under Sections 120-B, 364, 506 of IPC. After the investigation, a charge-sheet was submitted against all the 15 named accused under Sections 302, 201, 364, 120-B, 506, 420, 467, 468, 471 of IPC, who are facing trial in S.T. No. 148 of 2008, which is pending in the court of Addl. Sessions Judge, Dehradun. 12 witnesses have been examined on behalf of the prosecution so far. Out of 15 named accused, 14 accused have been directed to be enlarged on bail. Some of the co-accused were granted bail by learned Sessions Judge, Dehradun and others were directed to be enlarged on bail by the orders of this Court. Keeping in view the role assigned to him by the prosecution, his case cannot be equated with other co-accused. Prime accused Gulfam Khan was denied bail by Hon’ble Supreme Court, vide order dated 19.10.2009. His review petition was also dismissed by Hon’ble Apex Court, videorder dated 24.11.2009.
Having heard learned counsel for the parties, and after going through the documents on record, this Court is of the view that present applicant is not entitled to bail primarily on the ground that his bail application, as also the review petition has been dismissed by Hon’ble Apex Court. No fresh ground for bail is made out. The second bail application is accordingly dismissed.
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Dated 28[th] December, 2013 Rawat
(U. C. Dhyani, J.)