Mamraj @ Gantya vs State Of Uttarakhand

Ravindra Maithani, J

Delay in filing counter affidavit is condoned. Counter affidavit is taken on record. Delay Condonation Application, IA no.1 of 2024, stands disposed of, accordingly.

Applicant Mamraj @ Gantya is in judicial custody in Case Crime No.01 of 2023, under Section 302 IPC, Revenue Police Circle Thati, District- Tehri Garhwal. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

The dead body of the deceased Shanti Lal was found dead on 08.10.2023 at about 9:00 PM. According to the FIR, suspicion was raised on the applicant that it is he, who had assaulted the deceased.

Learned counsel for the applicant would submit that there is no evidence against the applicant; the Investigating Officer (“the IO”) had already submitted a closure report under Section 169 of the Code of Criminal Procedure, 1973 (“the Code”).

Learned State Counsel admits that during investigation, no witness has stated that it is the applicant, who killed the deceased. He also admits that no evidence was found against the applicant during investigation.

As stated, the IO had submitted a report under Section 169 of the Code. According to the IO, no evidence was available so as to implicate the applicant in the instant matter. On that closure report, the concerned court directed that notice be issued to the first informant and that is how the applicant was remanded to custody.

Having considered, this Court is of the view that it is a case fit for bail and 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.