Uttarakhand High Court

BA1/1190/2009 of MANNU Vs STATE OF UTTARAKHAND on 31 December 2009

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COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Ist Bail Application No.1190 of 2009 Order on the Bail application of accused CRIMINAL SIDE Mannu S/o Lachhi Ram ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION

Criminal Ist Bail Application No.1190 of 2009

Order on the Bail application of accused CRIMINAL SIDE

Mannu S/o Lachhi Ram

……….Applicant (In Jail)

Versus

State of Uttarakhand

------- Opposite party

________________________________________________________

Arising out of Case Crime No.292 of 2009, U/Ss 328/363/366/506 IPC, P.S. Sahaspur, Distt. Dehradun Dated: December 31, 2009

Hon’ble Dharam Veer, J.

Heard Smt. Pushpa Joshi, Advocate for the applicant and Sri M.A. Khan, learned Brief Holder for the State.

Learned counsel for the applicant has argued that the applicant is not named in the FIR and even the complainant Shambhu Prasad has filed an affidavit that his daughter Neha had gone from the house on 12.10.2009 but on 14.10.2009, she came back at the house. He further stated in the affidavit that he took the name of the applicant on the hearsay of some unknown persons. However, after some days, his daughter Neha had informed him that she had gone with her friend and he further stated that the applicant is not guilty in the above-said case.

After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and also on perusal of other material on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage.

Let the applicant Mannu be released on bail his executing a personal bond and also on furnishing two sureties each in the like amount to the satisfaction of C.J.M., Dehradun.

The bail application is allowed accordingly. (Urgency application No.3591/09 also stands disposed of)

31.12.2009

Rajeev Dang

(Dharam Veer, J.)

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