High CourtsSingle Bench

Sunil Rathi vs State Of Uttarakhand

Uttarakhand High Court · Decided on 15 May 2024 · Citation: (2024) 05 UK CK 0104

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 302
RESULT
Allowed
CASE NUMBER
First Bail Application No. 270 Of 2022
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Judgment

9 paragraphs · 219 words

Ravindra Maithani, J

1.

Applicant Sunil Rathi is in judicial custody in connection with Sessions Trial No. 70 of 2012, Leading Sessions Trial No. 28 of 2012) in Case Crime No. 228 of 2011, under Section 302, 120B IPC, Police Station Kotwali Gangnahar Roorkee, District Haridwar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

On 12.09.20211, at 7:45 in the morning, the deceased was shot dead at the bus stand. He was a Sub-Jailor. The applicant was in custody at the relevant time. According to the prosecution, it is the applicant who planned to kill the Sub-Jailor.

4.

Learned counsel for the applicant would submit that there is no evidence against the applicant. Thirty six witnesses have been examined. It is no evidence case.

5.

Learned State counsel would submit that when the applicant was in jail, there is evidence that he was regularly talking on telephone with someone.

6.

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

7.

The bail application is allowed.

8.

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.