High CourtsSingle Bench

Jhalak Karki vs State Of Uttarakhand

Uttarakhand High Court · Decided on 29 August 2023 · Citation: (2023) 08 UK CK 0169

HON’BLE JUDGES
Vivek Bharti Sharma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 302, 504, 506
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1673 Of 2023
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Judgment

7 paragraphs · 244 words

Vivek Bharti Sharma, J

1.

Applicant Jhalak Karki, who is in judicial custody in FIR No.22 of 2022, under Sections 302, 504 and 506 of IPC, Police Station Kotwali Almora, District Almora, has sought his release on bail.

2.

Heard learned counsel for the parties and perused the material available on file.

3.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the instant crime; that, no specific role has been assigned to the applicant; that, the co-accused Laxman Karki has already been granted bail by this Court vide order dated 07.06.2023; that, the role of the present applicant/accused is lesser than the role of the co-accused, who has already been granted bail and the applicant/accused is also entitled to be released on bail on the basis of parity.

4.

Learned counsel appearing for the State would fairly submit that it is a case of parity and the applicant/accused may be granted bail on this sole ground.

5.

In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail on the ground of parity.

6.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹35,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.