Uttarakhand High Court
BA1/2328/2023 on 29 October, 2023
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Date COURT'S OR JUDGES'S ORDERS
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BA1 No.2328 of 2023
Hon'ble Pankaj Purohit, J.
Mr. Shishir Prakash, Mr. Karuna Krishna
Thareja and Mr. S.S. Patwal, learned counsel for the
applicant.
2. Mr. G.S. Sandhu, learned Government Advocate
(through video conferencing) assisted by Mr. S.C.
Dumka, learned A.G.A. for the State.
Urgency Application (IA No.2 of 2023)
3. The urgency application has been moved along
with first bail application with averments that marriage
of the daughter (Ms. Lavanya Tripathi) of the applicant
is scheduled to take place on 01.11.2023 at Borgo San
Felice, Siena, Italy and applicant who is under
incarceration since 13.10.2013, wants to attend
marriage of his daughter.
4. Bail application of the applicant was rejected by
the learned Sessions Judge on 26.10.2023 and there is
no likelihood of disposal of the regular bail application,
due to Dussehra Vacation as well as without calling for
objection from the State. The urgency application has
been moved to take up this matter and to hear the bail
application with consent of the parties.
5. This Court is satisfied with reasons shown in the
affidavit filed in support of the urgency application as
well as short-term bail application, therefore, the
urgency application is allowed.
BA1 No.2328 of 2023
6. Heard learned counsel for the parties.
7. Learned State counsel prays for and is granted
four weeks' time to file counter affidavit to the bail
application, list thereafter.
Short Term Bail Application (IA No.1 of 2023)
8. This short term bail application has been moved
by the applicant, who is under judicial custody in
connection with FIR No. 379 of 2023 in respect of
offences under Sections 420, 467, 468, 471 and 120-B
IPC registered at Kotwali Nagar, Police Station
Dehradun.
9. It is the case of the applicant that the applicant is
a respected Advocate of a long standing practice in
District Court, Dehradun and he has been arrested in
aforesaid crime on 13.10.2023. The applicant is father
of Lavanya whose marriage is scheduled to take place
at Borgo San Felice, Siena, Italy, on 01.11.2023. It is
also submitted by learned counsel for the applicant that
he has already cleared his visa for travelling to Italy and
air tickets have also been purchased to travel on
23.09.2023 and his scheduled departure is on
30.10.2023 and his return ticket is of 02.11.2023. The
photocopy of marriage invitation card and his travel
summary air tickets have already been annexed with the
bail application as annexure nos. 3 and 4, respectively,
to the affidavit filed in support of the regular bail
application.
10. It is contention of the applicant that being a
devout Hindu, he is under an obligation to give his
daughter in Kanyadan which is a sacrosanct and
religious obligation as per Hindu Rites and Customs
and for that purpose only a short-term bail for a period
of thirty days may be granted to him.
11. Per-contra, learned State counsel opposed the
grant of short-term bail to the applicant, mainly on the
ground that there is no certainty that the applicant once
having left India, would return back to participate in the
criminal proceedings lodged against him.
12. Learned counsel for the applicant relied upon the
judgment of Hon'ble Apex Court reported in Parvez
Noordin Lokhandwala Vs. State of Maharashtra (2020)
10 SCC 77 to buttress his point that the Court has to
strike a balance between the rights of the parties and
criminal justice dispensation system. He further
submitted that the Apex Court has granted permission
for travelling to America in the case of Parvez Noordin
Lokhandwala (supra). He further, strenuously,
submitted that the applicant being a Lawyer is an
Officer of the Court, who is 66 years of age and has
been practicing in District Dehradun for decades. He
further submitted that the applicant is having deep roots
in and having movable and immovable properties in
District Dehradun. One of the daughters of the applicant
is working with the Sales Department of the State and is
presently posted in Haridwar and his to be Samdhi's
elder brother is a recipient of civilian award of Padam
Bhushan and there is no likelihood of the applicant
fleeing from justice and he would join the criminal case
which is going-on against him. He further submitted
that there are two functions relating to the marriage of
Lavanaya in India, one on 6th November, 2023 in
Mussoorie and another on 16th November, 2023 at
Hyderabad, which will also be attended by the
applicant; if the applicant could not attend the marriage
of his daughter - Lavanaya, it would cast life-long
stigma to her.
13. Having heard learned counsel for the parties, in
view of the facts and circumstances stated hereinabove,
this Court finds it a fit case to release the applicant on
short-term bail.
14. Accordingly, the short term bail application is
allowed. Let applicant - Deoraj Tiwari be released on
short term bail for a period of 20 days' from the date of
his actual release, on his executing a personal bond and
furnishing two reliable sureties, each of ₹1,00,000/- to
the satisfaction of the Court concerned. Needless to say
that after expiry of 20 days' period, the applicant shall
forthwith surrender before the court concerned.
15. Let a certified copy of this order be supplied to
the learned counsel for the parties today itself on
payment of usual charges.
(Pankaj Purohit, J.)
29.10.2023
KK/SK
