Uttarakhand High Court
BA2/1029/2008 of SMT. KAUSHAL Vs STATE OF UTTARAKHAND on 29 December 2008
UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 29th December, 2008 2nd Bail Application No. 1029 of 2008 Order on the bail application of the accused. Smt. Kaushal W/o Shri Prakash Chand …….. Applicant Versus State of Uttarakhand ……. Opposite Party
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HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 29[th] December, 2008 2[nd] Bail Application No. 1029 of 2008 Order on the bail application of the accused.
Smt. Kaushal W/o Shri Prakash Chand
…….. …….
Applicant
Versus
State of Uttarakhand
Opposite Party
____________________________________________________________
In Case Crime No. 35 of 2008 U/s 304-B I.P.C. Police Station Kotwali Manglaur District Haridwar With 2[nd] Bail Application No. 1030 of 2008 Order on the bail application of the accused.
Prakash Chand S/o Jethu
…… Applicant Versus….... Opposite Party
State of Uttarakhand
____________________________________________________________
In Case Crime No. 35 of 2008 U/s 304-B I.P.C. Police Station Kotwali Manglaur District Haridwar Hon’ble J. C. S. Rawat, J.
Heard Mr. Rajendra Singh, Advocate for the applicants; Mr. Amit Bhatt, Addl. G.A. for the State; and perused the record.
This is the 2[nd] Bail Application moved by the applicants on the ground that the co-accused Km. Mamta and Km. Sunita have already been enlarged on bail vide court’s order dated 13/10/2008 in Bail Application No.794 of 2008. The 1[st] Bail Application No.366 of 2008 was dismissed by Hon’ble the Chief Justice on 20/06/2008. Vide order dated 05/12/2008, the Hon’ble the Chief Justice directed that this bail application be listed for hearing in this Court.
After due consideration of the submissions of the learned counsel for the parties; perusal of the order dated 13/10/2008 passed in 1[st] Bail Application No.794 of 2008; the fact that the co-accused have already been enlarged on bail on the similar role assigned to them in the F.I.R.; the fact that this is a case of parity; the learned Addl. G.A. did not dispute that it is a case of parity; and the facts and circumstances of the case, it is a fit case for bail.
Let the accused/applicants be released on bail on each furnishing a personal bond and two sureties each in the like amount to the satisfaction of Judicial Magistrate, Roorkee.
Dated 29.12.2008 Shiv
(J.C.S. Rawat, J.)