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Mukesh Singh Negi vs State of Uttarakhand

Uttarakhand High Court · Decided on 29 July 2011 · Citation: (2011) 2 UC 1440

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 201, 302, 34, 506
RESULT
Allowed
CASE NUMBER
First Bail Application No. 503 of 2011

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Judgment

8 paragraphs · 211 words

Prafulla C. Pant, J.—Shri R.P. Nautiyal, Advocate, present for the applicant.

2.

Shri Nandan Arya, A.G.A., present for the State.

3.

Shri Vijay Khanduri, Advocate, present for the complainant.

4.

Applicant-Mukesh Singh Negi, who is in jail in connection with crime No. 3 of 2010, relating to offences punishable u/s 302, 201, 34, 506 IPC, Police Station Pokhari, District Chamoli, has sought his release on bail.

5.

Heard learned Counsel for the parties.

6.

First Information Report is delayed by about one and half months. It is a case of circumstantial evidence. No specific role appears to have been assigned to the applicant. Motive of commission of crime is also not clear. Learned Counsel for the applicant pleaded that merely for the reason that applicant is neighbour of the deceased, it cannot be said that he is involved in commission of her murder.

7.

Having considered submission of learned Counsel for the parties, and after going through the papers on record, in the above circumstances, this Court is of the view that applicant deserves bail.

8.

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