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2014 DIGILAW 401 (UTT)

Surendra Singh v. State of Uttarakhand

2014-09-22

SUDHANSHU DHULIA

body2014
Judgment Sudhanshu Dhulia, J. Heard Ms. Manisha Bhandari, learned counsel for the applicant, Mr. S.S. Adhikari, learned A.G.A. for the State and perused the records. The applicant before this Court is an accused in First Information Report No. 649 of 2012, which has been registered under Sections 147, 148, 149, 302, 307, 120-B/34, 174 of I.P.C., Police Station Kashipur, District Udham Singh Nagar. The first bail application of the applicant, who is facing trial inter alia, under Sections 147, 148, 149, 302, 307, 120-B/34, 174 of I.P.C. have been rejected by this Court vide order dated 28.07.2014. The second bail application of the applicant was also rejected on 08.09.2014. The applicant, however, has also moved an application for interim bail on the ground of medical condition and ill health of his wife – Amrita. The medical condition of the wife of the applicant is “Dysfunctional Uterine Bleeding.” This Court vide order dated 08.09.2014 passed following order:- “In order to ascertain truth, the Senior Superintendent of Police, Udham Singh Nagar is hereby directed to assign a senior lady medical officer to examine the wife of the applicant Smt. Amrita and if need be, examine her in a Hospital of the State Government at Udham Singh Nagar and furnish a report by the next date of listing which is fixed for 22nd September, 2014. The report shall indicate the ailment of the applicant’s wife and the specialized medical opinion.” Today, report has been filed by the Senior Superintendent of Police, Udham Singh Nagar which carries medical opinion of the two Medical Officers, who had examined the wife of the applicant on 18.09.2014. The opinion of the Medical Officer is “Patient managed conservatively for around six months, hence advised Hysterectomy, which is a kind of surgery which need to be perform on the wife of the applicant.” It is stated on behalf of the applicant that there is no one except the husband to look after his wife and he is the only person who can arrange for funds which will be required for the said operation. In view thereof, this Court grants interim bail to the applicant for a period of 15 days. Let the applicant be released on bail in the aforesaid case on his furnishing two sureties of an amount of Rs.50,000/- each, as well as his personal bond. In view thereof, this Court grants interim bail to the applicant for a period of 15 days. Let the applicant be released on bail in the aforesaid case on his furnishing two sureties of an amount of Rs.50,000/- each, as well as his personal bond. He shall also surrender before the Magistrate his Pass-port (in case he has one) and “Kisan Bahi” (if the same have been issued to him). In addition to the above he shall report every day to the nearest police authority and the nearest in-charge police station and in case he cannot do that personally, he shall inform him about his whereabouts and location. A failure of not reporting to the police station and not informing his whereabouts shall authorize the police to arrest the applicant and put him back in jail. With the above condition, the applicant shall be released forthwith for a period of fifteen days, which shall be reckoned from the date of his release from the jail. He shall surrender on the 16th day by noon positively. List this case on 10.10.2014 in the daily cause list.