Uttarakhand High Court

BA1/2829/2021 of SURAJ ADHIKARI ALIAS LATHI Vs STATE OF UTTARAKHAND on 31 December 2021

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UTTARAKHAND AT NAINITAL First Bail Application No.2829 of 2021 Suraj Adhikari @ Lathi ...Applicant Versus State of Uttarakhand ...Respondent Present:- Mr. Vikas Anand, Advocate for the applicant. Mr. S.S. Adhikari, D.A.G. with Mr. B.S. Thind for the State. Hon’ble Ravindra Maithani, J.

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HIGH COURT OF UTTARAKHAND AT NAINITALFirst Bail Application No.2829 of 2021

Suraj Adhikari @ Lathi

...Applicant

Versus

State of Uttarakhand ...Respondent

Present:-

Mr. Vikas Anand, Advocate for the applicant. Mr. S.S. Adhikari, D.A.G. with Mr. B.S. Thind for the State.

Hon’ble Ravindra Maithani, J. (Oral)

Applicant Suraj Adhikari @ Lathi, is in judicial custody in FIR No. 132 of 2021, under Sections 302 & 202 IPC, Police Station Rudrapur, District Udham Singh Nagar. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. Learned counsel for the applicant would submit that the co-accused having a similar role, namely Akash Yadav and Sahil have already been granted bail. There is no evidence against the applicant except confession of the co-accused.

4. Learned State counsel would admit that based on the confession of the accused, the applicant also admitted his presence at the scene of occurrence. He has also admitted that the bail have been granted to co-accused Akash Yadav and Sahil.

5. Admittedly, the applicant is not named in the FIR.

6. Having considered, under the facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail.

7. The bail application is allowed.

8. Let the applicant Suraj Adhikari @ Lathi be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.

(Ravindra Maithani, J.)31.12.2021

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