Mangey Ram vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Heard.

Applicant Mangey Ram, who is in jail in connection with Crime No. 240 of 2011, relating to offences punishable u/s 302, 506 I.P.C., Police Station- Ranipur, District Haridwar, has sought his release on bail.

It is alleged in the First Information Report that the applicant has committed murder of Ajay Kumar (Mintu). The incident is allegedly taken place on 05.06.2011, at 7:00 pm. The First Information Report was lodged on the next day at about 6:20 hours at Police Station-Ranipur. Attention of this Court is drawn to annexure No.2 to the affidavit filed with the bail application i.e. memo of information sent by the hospital at Police Station on 05.06.2011, at 21:50 hours. Name of the present applicant does not figure in it. The copy of report of Police recorded at 1:00 am (on 06.06.2011) shows that there was no one around the dead body of the deceased in the hospital. The inquest report dated 06.06.2011, shows that there is no mention the name of present applicant, though it is mentioned that relatives of the deceased were present at the time of preparing of the inquest report. It is further pleaded on behalf of the applicant that by the time when autopsy was conducted on the dead body on 06.06.2011, the applicant''s name was nowhere figured in the report, that is why, the Circle Officer had directed to Station House Officer to enquire in to the matter (though said entry appears to have been scored off on the side of autopsy report). It is argued on behalf of the applicant that the applicant has been falsely named in the First Information Report.

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 Mangey Ram, be released on bail, on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Haridwar.