Ram Prashad vs State of Uttarakhand

Prafulla C. Pant, J.—Heard.

Applicant Ram Prashad, who is in jail in connection with Crime No. 154 of 2010, relating to offences punishable u/s 302, 364, 201, 120B of I.P.C., police station Jhabreda, District Haridwar, has sought his release on bail.

Learned Counsel for the Applicant submitted that Applicant is not named in the first information report. It is further pointed out that it is a case of circumstantial evidence. On the other hand, on behalf of the State it is submitted that it is a case of honour killing. In reply to this, learned Counsel for the Applicant drew attention of this Court to the statement of co-accused Smt. Moharkali, recorded u/s 161 of Code of Criminal Procedure, on 26.11.2010, in which she has stated that Applicant Ram Prashad and her brother-in-law Basant went in a Van separately, while the deceased was taken by the other co-accused, namely Roshan, Amarjeet, Babadur @ Shiv Kumar. It is further submitted on behalf of the Applicant that he is not related to the deceased, but only a neighbour.

In the above circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that the Applicant deserves bail.

The bail application is allowed. Let the Applicant Ram Prashad be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Haridwar.