Uttarakhand High Court
BA1/1165/2011 of PRAKASH Vs STATE OF UTTARAKHAND on 29 December 2011
COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 29th day of December, 2011 1st Bail Application No.1165 of 2011 Order on the Bail Application: CRIMINAL SIDE Prakash S/o Shiv Ram, R/o Village Bagori, P.S. Maneri District Uttarkashi. ………Applicant
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated: Nainital: the 29[th] day of December, 2011 1[st] Bail Application No.1165 of 2011
Order on the Bail Application:
CRIMINAL SIDE
Prakash S/o Shiv Ram, R/o Village Bagori, P.S. Maneri District Uttarkashi.
………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 Prakash, 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 no motive has been assigned to the applicant to commit the crime. The applicant is a student. The applicant has no criminal history. Apart from above, 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, has 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 Prakash, 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.)