Jafar Ali vs. State Of Uttarakhand
Held
The Court considered the facts and circumstances of the case and, without expressing any opinion on the final merits, was of the view that the applicant deserved bail at this stage. The Court allowed the bail application. The applicant is to be released on bail upon executing a personal bond and furnishing two reliable sureties to the satisfaction of the concerned court. The specific reasoning for granting bail was not detailed beyond the general consideration of facts and circumstances and the applicant's contention regarding the admissibility of the confessional statement. The validity of the GST license was noted as an admitted fact by the State counsel.
Facts
This is a bail application filed on behalf of the applicant seeking regular bail in connection with FIR No. 147 of 2021. The applicant is accused of offences punishable under Sections 188 and 420 of the Indian Penal Code, Section 53 of the Disaster Management Act, and Section 3 of The Epidemic Act/Essential Commodity Act. The applicant claims to have been falsely implicated and states that he was providing oxygen free of cost to needy people through his registered firm, S.M. Gas. The applicant also contends that there were no independent witnesses and the recovery was planted, with the only evidence being a confessional statement inadmissible under Section 25 of the Indian Evidence Act. The State counsel admitted that the applicant's GST license was valid.
Key Issues
1. Whether the applicant is entitled to regular bail in connection with FIR No. 147 of 2021 for the alleged offences under Sections 188 and 420 IPC, Section 53 of the Disaster Management Act, and Section 3 of The Epidemic Act/Essential Commodity Act. Petitioner's Arguments: - The applicant has been falsely implicated and is languishing in jail since 04.05.2021. - The applicant was assisting people by providing oxygen free of cost through his registered firm, S.M. Gas. - There were no independent witnesses to the alleged incident, and the recovery was planted. - The only evidence against the applicant is a confessional statement, which is inadmissible under Section 25 of the Indian Evidence Act, 1872. Revenue/State's Arguments: - The State counsel admitted that the GST license of the applicant was found to be valid.
Sections Cited
Section 25 of The Indian Evidence Act 1872
AI-generated summary — verify with the full judgment below
L. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
BAI No. 1565 of 2021 Hon’ble N.S. Dhanik, J . Mr. Mani Kumar, learned counsel for the applicant. Mr. Deepak Bisht, learned Brief Holder for the State. Heard learned counsel for the parties. This is first bail application moved on behalf of the applicant seeking regular bail in connection with FIR No. 147 of 2021 for the offence punishable under Sections 188 and 420 IPC, under Section 53 of the Disaster Management Act and under Section 3 of The Epidemic Act/Essential Commodity Act registered PS Kiccha District-Udham Singh Nagar. Learned counsel for the applicant submits that the applicant has falsely been implicated in the instant crime and is languishing in jail since 04.05.201. He also submits that the applicant has no concern with the alleged incident and the applicant was the owner of the S.M. Gas which is a registered firm and he was helping the needy peoples by providing them oxygen free of cost but the police party cooked a false and frivolous story against the applicant. He also submits that
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Reproduced from the public record of the Uttarakhand High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.