Uttarakhand High Court
BA2/152/2010 of MANJEET SINGH AND ANR Vs STATE OF UTTARAKHAND on 30 December 2010
COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 30th Day of December, 2010. IInd Bail Application No. 152 of 2010 Order on the Bail Application: CRIMINAL SIDE 1. Manjeet Singh S/o Balbeer Singh R/o H-No 183/66, L.I.G. Awas Vikas Colony, Rudrapur District Udham Singh
IN THE HIGH COURT OF UTTARAKHAND AT NAINITALOriginal Jurisdiction Dated: Nainital: the 30[th] Day of December, 2010.IInd Bail Application No. 152 of 2010
Order on the Bail Application:CRIMINAL SIDE
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1. Manjeet SinghS/o Balbeer SinghR/o H-No 183/66, L.I.G.Awas Vikas Colony, RudrapurDistrict Udham Singh Nagar
2. Samsher Singh @ SheraS/o Gurudeep SinghR/o Faij garh, P.S. Natha Sadar,District Patiyala, PunjabS/o Gurudeep SinghR/o Faij garh, P.S. Natha Sadar,District Patiyala, Punjab
….….Applicants(In Jail)
State of Uttarakhand
Versus
………..Opposite Party
Arising out of Case Crime/F.I.R. No. 244 of 2009Under Section: 302, 394, 411, 201 I.P.C Police Station: RudrapurDistrict: Udham Sinh Naargg Hon’ble Prafulla C. Pant, J.
Mrs. Pushpa Joshi, Advocate, present for the applicants.
Mr. Nandan Arya, A.G.A., Present for the State.
Applicants Manjeet Singh and Samsher Singh @ Shera, who are in jail in connection with Case Crime /F.I.R No. 244 of 2009, relating to offences punishable Under Section 302, 394, 411 and 201 I.P.C., Police Station Rudrapur , District Udham Singh Nagar, have sought their release on bail.
Heard learned counsel for the parties.
The first bail application was rejected as not pressed by Hon'ble Justice Dhram Veer Sharma (since expired).
Learned counsel for the applicants submitted that it is a case of circumstantial evidence. It is further submitted that dead body of Sonu was never found, as such, it can not be said whether a murder was committed or not. Apart from this, attention of this court is drawn to the statements of PW1 Jaswant Singh and PW2 Deepak recorded by the trial court. Their statement shows that both of them have turned hostile and did not support the prosecution story.
In the above circumstances, without expressing any opinion as to final merits of this case, this court is of the view that applicants deserve bail.
Bail application is allowed. Let the applicants Manjeet Singh and Samsher Singh @ Shera, be released on bail on executing a personal bond by each one of them, on furnishing two sureties by each of them, each of the like amount to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar. IInd Bail Application Stands allowed.
Dt. 30.12.2010Nahid
(Prafulla.C.Pant.,J)