Sanjay Ram Tamta vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Sanjay Ram Tamta is in judicial custody in Case Crime/FIR No. 23 of 2022, under Sections 302, 328 IPC P.S. Pati, District Champawat. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

FIR in the instant case has been lodged by the brother of the deceased. According to which, on 24.11.2022, the deceased telephoned the informant that the applicant and the co-accused have mixed something in his liquor and assaulted him. Subsequently, the deceased was taken to the hospital next day, but he died.

Learned counsel for the applicant would submit that other named co-accused has already been granted bail. The applicant has been denied bail merely on the ground that the deceased had some altercations with the wife of the applicant and there were some marks of injury on the forehead of the applicant. It is argued that there is no evidence against the applicant as such.

Learned State counsel would submit the role of the applicant is not dissimilar to the role of co-accused, who have already been granted bail.

Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.

The bail application is allowed.

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.