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Ravindra Kumar vs State Of Uttarakhand

Uttarakhand High Court · Decided on 1 December 2022 · Citation: (2022) 12 UK CK 0004

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 302
RESULT
Allowed
CASE NUMBER
First Bail Application No. 561 Of 2022
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Judgment

10 paragraphs · 246 words

Ravindra Maithani, J

1.

Applicant Ravindra Kumar is in judicial custody in FIR/Case Crime No.544 of 2021, under Sections 302 IPC, Police Station Bhagwanpur, District Haridwar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, deceased Balesh was killed on 12.08.2021 at 09:00 by some unknown persons. His wife lodged the FIR.

4.

Learned counsel for the applicant would submit that there is no evidence against the applicant; the recovery has been shown from the applicant, but the recovery does not connect the applicant with the crime.

5.

Learned State counsel would submit that a country made pistol was recovered from the applicant with the cartridge case in it and one live cartridge was also recovered. The applicant confessed his guilt. The CDR location also confirms his presence at the place of occurrence.

6.

The Court wanted to know, as to how the country made pistol as allegedly recovered from the applicant is connected with the killing of the deceased Balesh? Learned State counsel could not indicate any evidence.

7.

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.

8.

The bail application is allowed.

9.

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.