Uttarakhand High Court

BA1/1139/2010 of RAMESH CHAND Vs STATE OF UTTARAKHAND on 31 December 2010

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COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 31st day of December, 2010 First Bail Application No.1139 of 2010 Criminal Side Ramesh Chand S/o Late Babu Lal R/o 22/104, Neem Darwaja Dhula Ganj, Agra U.P. ……...Applicant ( in Jail) Versus State of

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Original JurisdictionDated: Nainital: the 31[st] day of December, 2010First Bail Application No.1139 of 2010

Criminal SideRamesh ChandS/o Late Babu LalR/o 22/104, Neem Darwaja Dhula Ganj, Agra U.P.

……...Applicant ( in Jail)

Versus

State of Uttarakhand

…..….Opposite Party

Arising out of case crime no. 516 of 2010Under section : 364, 120B IPCP.S. Rishikesh, District Dehradun ________________________________________________________________________

Hon’ble Prafulla C. Pant, J

Shri L.K. Tiwari, Advocate, present for the applicant. Shri M.A. Khan, Brief Holder, present for the State.Applicant- Ramesh Chand, who is in jail in connection with crime no. 516 of 2010, relating to offences punishable under section 364, 120B IPC, P.S. Rishikesh, District Dehradun, has sought his release on bail.

Heard learned counsel for the parties.

Learned counsel for the applicant submitted that applicant is father-in-law of Anuj Kumar, who is said to have been abducted. It is contended that there cannot be any motive on the part of the applicant to abduct his own son-in-law. It is a case of circumstantial evidence. The applicant has no criminal history.

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 applicant Ramesh Chand, be released on bail on executing personal bond, and furnishing two sureties each of like amount to the satisfaction of Chief Judicial Magistrate, Dehradun.

(Prafulla C. Pant, J.)

Dt. 31.12.2010Parul

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