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Judgment
6 paragraphs · 220 wordsHon''ble Prafulla C. Pant, J.—Heard
Applicant- Gajraj, who is in jail in connection with Crime No. 96 of 2011, relating to offences punishable u/s 304 and 323 of I.P.C., police station Ramnagar, District Nainital, has sought his release on bail.
A counter affidavit has been filed today by the complainant. Same be taken on record.
Learned counsel for the applicant submitted that role assigned to the applicant is that he assaulted with sickle on the head of the deceased (Sher Singh). Attention of this court is drawn to the copy of post mortem examination report which discloses that the deceased died of shock and haemorrhage due to ante mortem injury (spleen raptured). It is contended on behalf of the applicant that there is no incised wound found on the body of the deceased. Co accused Tulsi is said to have already been directed to be released on bail.
In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view, that applicant deserves bail.
The Bail Application is allowed. Let the applicant-Gajraj, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Nainital. (Urgency Application No. 3909 of 2011 stands disposed of)