Bal Singh vs State Of Uttarakhand

Ravindra Maithani, J

Delay Condonation Application No. 1 of 2024 is allowed. Delay in filing counter affidavit is condoned. Counter affidavit is taken on record.

Applicant Bal Singh is in judicial custody in FIR/Case Crime No. 218 of 2023, under Section 302, 201 IPC, Police Station Bahadrabad, District Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

A dead body of the deceased Rajpal aged 70 years was found near his fields on 29.05.2023 at 8:30 PM. It was half burnt and hands were cut. Suspicion was raised on the applicant and his sons on the ground that they had some property dispute with the deceased.

Learned counsel for the applicant would submit that it is no evidence case. Merely on the basis of confessional statement of the applicant, a sickle was allegedly recovered from the applicant. There is no forensic report to connect the sickle with the crime.

Learned State counsel would submit that the applicant had a property dispute with the deceased. He has confessed his guilt. At his instance, a sickle was recovered, which has been sent for forensic examination.

Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.