Uttarakhand High Court

BA1/1187/2011 of VIKAS Vs STATE OF UTTARAKHAND on 29 December 2011

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COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 29th day of December, 2011 1st Bail Application No.1187 of 2011 Order on the Bail Application: CRIMINAL SIDE Vikas S/o Shiv Ram, R/o Village Bagori, P.S. Maneri District Uttarkahsi. ………Applicant

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Original Jurisdiction

Dated: Nainital: the 29[th] day of December, 2011 1st Bail Application No.1187 of 2011

Order on the Bail Application:

CRIMINAL SIDE

Vikas S/o Shiv Ram, R/o Village Bagori, P.S. Maneri District Uttarkahsi.

………Applicant

Versus

State of Uttarakhand

…… Opposite Party

Arising out of Case Crime No. 19 of 2011, Under Section- 304 I.P.C.

Police Station- Maneri, District-Uttarkashi.

Hon’ble Prafulla C. Pant, J.

Mr. Niranjan Bhatt, Advocate, present for the applicant.

Mr. M.A. Khan, Brief Holder, present for the State.

Heard.

Applicant Vikas, who is in jail in connection with Crime No. 19 of 2011, relating to offence punishable under Section 304 I.P.C., Police Station- Maneri, District Uttarkashi, has sought his release on bail.

Learned counsel for the applicant submitted that co- accused Prakash has been directed to be released on bail today. The present applicant has also no criminal history. Attention of this Court is drawn to annexure No.1 to the counter affidavit filed on behalf of the State, which shows that Sub-Inspector of Police, Out Post Harshil, Police Station Maneri, had reported on 07.11.2011, that Man Singh (deceased) had died in a drunken state by falling on the ground.

In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail.

The bail application is allowed. Let the applicant Vikas, be released on bail, on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Uttarkashi.

29.12.2011 JM

(Prafulla C. Pant, J.)

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