Research › Search › Judgment

Uttarakhand High Court · body

2014 DIGILAW 473 (UTT)

Simran Kaur v. State of Uttarakhand

2014-10-16

SUDHANSHU DHULIA

body2014
Judgment Sudhanshu Dhulia, J. Counter affidavit filed today is taken on record. Heard Ms. Pushpa Joshi, Senior Advocate assisted by Mr. Amit Kapri, Advocate for the applicant, Mr. B.M. Pingal, learned Brief Holder, for the State of Uttarakhand and Mr. Sandeep Tandon, Advocate, for the complainant. The applicant is in jail having been implicated in F.I.R. No.170 of 2014, which has been registered under Sections 307 of I.P.C. Police Station – Nehru Colony, District Dehradun. Case of the applicant is that she is a woman and has been falsely implicated. According to the counter affidavit which has been filed in this case injuries which has been received by another lady are simple in nature. Considering the overall evidence which is presently available before this Court, particularly the nature of the injuries, prima facie the applicant has been able to make out a case for bail. The bail application is accordingly allowed. Let the applicant (Smt. Simran Kaur) be enlarged on bail in the aforesaid crime on her executing a personal bond and two reliable sureties each of the equal amount to the satisfaction of the Magistrate concerned. Though this Court has granted bail which has been vehemently opposed by the learned counsel for the complainant who has expressed apprehensions that the applicant has a past criminal record and she would interfere with the investigation. In case such apprehensions which are being expressed before this Court come true, learned counsel for the complainant would be at liberty to move an application for cancellation of bail. It is made clear that any observation made by this Court is only for the purpose of grant of bail. It shall not be taken into consideration at all in any other proceedings.