Uttarakhand High Court
BAIL APPLICATION 1055 of 2010 on 31 December 2010
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated: Nainital: the 31[st] day of December, 2010 I Bail Application No. 1055 of 2010
Order on the Bail Application:
CRIMINAL SIDE
Puskar Singh Fartiyal S/o Bhupal Singh Fartiyal Village Dungra Post Channakharkota Tehsil Jaiti, District Almora.
………… Applicant
VersusState of Uttarakhand ………… Opposite Party Arising out of Case Crime No. 09 of 2010 Under Sections: 498-A, 304-B of I.P.C. Police Station: Lamgara District: Almora.
Hon’ble Prafulla C. Pant, J.
Mr. Ajay Singh Bisht, Advocate, present for the applicant.
Mr. M.A. Khan, Brief Holder, present for the State.
Applicant Puskar Singh Fartiyal, who is in jail in connection with Crime No. 09 of 2010, relating to offences punishable under Section 498-A, 304-B of I.P.C., police station Lamgara, District Almora, has sought his release on bail.
Heard learned counsel for the parties.
Learned counsel for the applicant submitted that the deceased had died due to the accidental fall from a hillock into a gorge. In this connection, attention of this court is drawn to the statements of witnesses Nandi Devi and Madhavi Devi, recorded under Section 161 of Cr.P.C., by the Investigating Officer. It is further submitted that co-accused Sundar Singh, with similar role, has already been directed to be enlarged on bail.
In the above circumstances, without expressing any opinion as to the final merits of the case, this court is of the view that the applicant deserves bail.
Let the applicant Puskar Singh Fartiyal be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Almora.
(The bail application stands allowed).
(Prafulla C. Pant, J.)
Dt. 31.12.2010H.Negi