Akbaranath and Others vs State of Uttaranchal

P.C. Verma, J.—The facts of the case are that in the night of 15/16.4.99 in village Goshi Pur a. P.S. Pathri Distt. Haridwar sbme bed elements entered in the ''Qera'' of the complainant Mani Ram. According to the prosecution story the Badmash were armed with country made Pistol and Lathi, Danda and Saria. They opened fire and terrorised the nearly person of the locality and during the course of Dacoity. Nitoo Nath and Charan Nath lost their life. Five person were named in the F.l.R. A criminal case under Sections 147, 148, 149, 436, 302, 363 and 376 I.P.C. was registered because the Badmash kidnapped the girl Nasama Devi and Km. Nitoo Devi.

The applicants were not named in the. F.l.R. nor ihcy were put up for test identification parade. In the statement of the witness recorded u/s 161 Code of Criminal Procedure they were named. Nothing was recovered from there possession. The applicant and other co-accused and complainant are relative of each other. Applicant-were applied for bail before the learned Sessions Judge Haridwar. Their prayer for bail was refused. Both the applicants Akbar Nath S/o Akal Nath and Mausam Nath S/o Sardara Rfo Sapero Ki Basti village Ghosipura, P.S. Pathri Distt. Haridwar applied for bail before the Hon''ble High Court of Uttaranchal at Nainital. After hearing both the parties the Hon''ble High Court of Uttaranchal passed the following order.