High CourtsSingle Bench

Jagdish Lal Gupta vs State of Uttarakhand

Uttarakhand High Court · Decided on 25 May 2011 · Citation: (2011) 05 UK CK 0058

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 161 · Penal Code, 1860 (IPC) — Section 109, 147, 304, 504
RESULT
Allowed
CASE NUMBER
I Bail Application No. 359 of 2011

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Judgment

5 paragraphs · 208 words

Prafulla C. Pant, J.—Heard.

2.

Applicant Jagdish Lal Gupta, who is in jail in connection with Crime No. 12 of 2011, relating to offences punishable u/s 147, 304, 504, 109 of I.P.C., police station Kotwali Almora, District Almora, has sought his release on bail.

3.

Perusal of the first information report shows that role of exhortation has been assigned to the Applicant. There are several accused named in the first information report. No weapon appears to have been used in the crime. From the statement of the son of the deceased, recorded u/s 161 of Code of Criminal Procedure, it appears that the Applicant Jagdish Lal Gupta was friend (of the deceased), as such, learned Counsel for the Applicant contended that there was no motive on the part of the Applicant to commit the murder.

4.

Without expressing any opinion as to the final merits of the case, having considered submissions of learned Counsel for the parties, this Court is of the view that the Applicant deserves bail.

5.

The bail application is allowed. Let the Applicant Jagdish Lal Gupta be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Almora.