Full Judgment
U.C. Dhyani, J. (oral)
1. Applicant Sumer Singh, who is in jail in connection with FIR No. 623 of 2013, relating to offence punishable under Section 386 of IPC, Police Station “ Kashipur, District Udham Singh Nagar, has sought his release on bail.
2. Heard learned counsel for the parties, perused the material on record and considered the grounds taken up in the bail application.
3. A first information report was lodged against unknown person, who was the owner of a mobile phone no. 9927933856, under Section 386 of IPC. Threatening calls were received by the wife of the complainant from such mobile number.
4. Learned counsel for the complainant stated that the matter has been settled amicably outside the Court. Such a fact is also mentioned in the affidavit of Sugandh Kumar Singh, which has been filed along with Urgency Application. Applicant is in jail since 04.01.2004 and he has no previous criminal history.
5. Considering the fact that the parties have settled their dispute amicably outside the Court and also attenuating circumstances, a case of bail is made out in favour of the applicant.
6. Accordingly, the bail application of the applicant is allowed. Let the applicant Sumer Singh be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount to the satisfaction of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar. (Urgency application No. 1095 of 2014 stands disposed of).