Uttarakhand High Court
BA1/1096/2011 of SANJAY KUMAR Vs STATE OF UTTARAKHAND on 29 December 2011
COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 29th day of December, 2011 First Bail Application No. 1096 of 2011 Criminal Side Sanjay Kumar S/o Shri Makan Singh R/o village Kainchiwala P.S.Sahaspur, Dehradun District Dehradun …….Applicant (In Jail)
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated: Nainital: the 29[th] day of December, 2011First Bail Application No. 1096 of 2011
Criminal SideSanjay Kumar S/o Shri Makan Singh R/o village KainchiwalaP.S.Sahaspur, DehradunDistrict Dehradun
…….Applicant (In Jail)
Versus
State of Uttarakhand
..…..Opposite Party
Arising out of Case Crime No. 115 of 2011Under Sections: 307,324,332,353 and 504 I.P.C., and punishable u/s 7 of Criminal Law Amendment Act.Police Station: Sahaspur District: Dehradun Hon’ble Prafulla C. Pant, J.
Mr. B.S.Adhikari, Advocate, present for the applicant.
Mr. M.A.Khan, Brief Holder, present for the State.
Heard.
Applicant– Sanjay Kumar, who is in jail in connection with Crime No. 115 of 2011, relating to offences punishable under section 307, 324, 332, 353 and 504 of I.P.C., and one punishable under section 7 of Criminal Law Amendment Act, Police Station Sahaspur, District Dehradun, has sought his release on bail.
Applicant is in jail for last more than five months. Learned counsel for the applicant submitted that exaggeration in the medical report cannot be ruled out, as the injured himself was the Medical Officer.
Having considered submissions of learned counsel for the applicant, and learned counsel for the State, and after going through the papers on record, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail.
The Bail Application is allowed. Let the applicant- Sanjay Kumar, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Judicial Magistrate, concerned. (Misc. Application No. 4815 of 2011 stands disposed of).
(Prafulla C. Pant, J.)