SATPAL @ SATYAPAL Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-2-33
HIGH COURT OF UTTARAKHAND
Decided on February 06,2013

Satpal @ Satyapal Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Umesh Chandra Dhyani, J. - (1.) HEARD learned counsel for the applicant and learned counsel for the State/respondent. Applicant Satpal alias Satyapal, who is in jail in connection with case crime No. 416 of 2012, relating to offences punishable under Section 364 -A IPC, Police Station Kotwali Ranipur, District Haridwar, has sought his release on bail.
(2.) ONE Rajkumar lodged a First Information Report on 29th October, 2012 in reporting outpost SIDCUL, Kotwali, Haridwar as regards the offence punishable under Section 363 IPC (but after the case of the applicant was converted into Section 364 -A IPC). The sum and substance of the first information report is that the accused Satpal @ Satyapal kidnapped four years' old son of the informant and released him soon thereafter for fear of arrest. It was alleged that Nakul disappeared from his house on 28.10.2012 at 3:00 p.m. and appeared on 29.10.2012 at 7:30 p.m. The FIR was lodged only out of suspicion that the present applicant Satpal @ Satyapal has hand in the kidnapping of Nakul. Whereas learned counsel for the State has opposed the bail application, it is submitted on behalf of learned counsel for the applicant that Satpal @ Satyapal is in jail since 30.10.2012 and he has no previous criminal history. No demand for ransom was made.
(3.) CONSIDERING the facts as enumerated in the first information report coupled with attenuating circumstances, a case of bail is made out in favour of the applicant. Accordingly, the bail application of the applicant Satpal @ Satyapal is allowed. Let the applicant Satpal @ Satyapal be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount to the satisfaction of the C.J.M., Haridwar.;


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