Varun vs State of Uttaranchal

M.C. Jain, J. 1. Facts of the case: That one Pankaj Sharma S/o Dhirqj Lai Sharma R/o Ashok Nagar, Roorkee District Haridwar lodged a First Information Report on 27.10.2000 at P.S. Roorkee District Haridwar against the applicant and two other persons alleged that on 26.10.2000 his brother Radhey Shyam (Deceased) was going towards Buchri with his friend Rajender Singh @ Lalu and in the way there was a quarrel among the aggrieved persons and deceased Radhey Shyam and his friend Rajender Singh.

On 27.10.2000 at about 12.30p.m. when deceased Radhey Shyam and Rajender Singh were going towards Dogra Line, near the temple of Buchri they were assaulted by the accused persons. It is alleged that the applicant assaulted Rajender Singh and asked there friend to struck knife injury to the deceased Radhey Shyam. Radhey Shyam died in Pratap Nursing Home due to knife injuries. Rajender Singh @ Lalu friend of deceased Radhey Shyam was not medically examined the applicant. Application for bail before the learned Sessions Judge Haridwar. His bail application rejected on 23.12.2000 by. The applicant applied for bail before Hon''ble Uttaranchal High Court at Nainital.

After hearing the parties the following order passed by Hon''ble Uttaranchal High Court.Heard Learned Counsel for the applicant and learned G.A.

The deceased was allegedly done to death by non-applicant. He received single incised wound so far as applicant Varun is concerned, a case for bail is made out.

Let the applicant ftrun be released on bail in case crime No. 231/2000 u/s 302, I.P.C., P.S. Roorkee, District Haridwar, on his furnishing a personal bond and two sureties in the like amount to the satisfaction of C.J.M. Haridwar.