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Ramesh Rajbhar vs State of Uttarakhand

Uttarakhand High Court · Decided on 26 May 2011 · Citation: (2011) 05 UK CK 0042

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 302, 394, 411
RESULT
Allowed
CASE NUMBER
First Bail Application No. 312 of 2011

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Judgment

7 paragraphs · 190 words

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

2.

Shri S.S. Adhikari, A.G.A., present for the State.

3.

Applicant-Ramesh Rajbhar, who is in jail in connection with crime No. 219 of 2010, relating to offences punishable u/s 394, 302, 411 IPC, P.S. Kotwali Dehradun, District Dehradun, has sought his release on bail.

4.

Heard learned Counsel for the parties.

5.

Learned Counsel for the applicant submitted that it is a case of circumstantial evidence. There is no eye witness of the incident. The applicant is in jail for last more than one year. One of the prosecution witness P.W.4 Mukhram, who was witness of ''last seen'' has turned hostile, and did not support the prosecution story.

6.

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.

7.

The bail application is allowed. Let the applicant Ramesh Rajbhar be released on bail on executing personal bond, and furnishing two sureties each of like amount to the satisfaction of the Chief Judicial Magistrate, Dehradun. (Miscellaneous application No. 2043 of 2011, stands disposed of).