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Malkit Singh vs State of Uttarakhand

Uttarakhand High Court · Decided on 15 February 2011 · Citation: (2011) 02 UK CK 0032

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 161 · Penal Code, 1860 (IPC) — Section 279, 307, 504, 506
RESULT
Allowed
CASE NUMBER
First Bail Application No. 112 of 2011

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Judgment

7 paragraphs · 210 words

Prafulla C. Pant, J.—Shri Manish Arora, Advocate, present for the applicant.

2.

Shri M.A. Khan, Brief Holder, present for the State.

3.

Applicant-Malkit Singh, who is in jail in connection with crime No. 292 of 2010, relating to offences punishable u/s 279, 504, 506, 307 IPC, P.S. Jwalapur, District Haridwar, has sought his release on bail.

4.

Heard learned Counsel for the parties.

5.

Learned Counsel for the applicant submitted that applicant is not named in FIR. It is further stated that there is no criminal history of the applicant. It is also submitted that applicant is a student. Learned Counsel for the applicant contended that from the statement of the eye witnesses recorded u/s 161 Cr.P.C., it is not clear whether the person who assaulted with sharp edged weapon on the injured was Robbi (co-accused) or Malkit Singh (applicant).

6.

Having considered submissions of learned Counsel for the parties, without expressing any opinion as to final merits of the case, in the above circumstances, this Court is of the view that applicant deserves bail.

7.

The bail application is allowed. Let the applicant Malkit Singh be released on bail on executing personal bond and furnishing two sureties, each of like amount to the satisfaction of Chief Judicial Magistrate, Haridwar.