Uttarakhand High Court

BA1/1135/2010 of GANI 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.1135 of 2010 Criminal Side Gani S/o Noor Ahmad R/o Village Chikni Khole, P.S. Buggawala District Haridwar ……...Applicant ( in Jail) Versus State of

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Original Jurisdiction

Dated: Nainital: the 31[st] day of December, 2010First Bail Application No.1135 of 2010

Criminal SideGaniS/o Noor AhmadR/o Village Chikni Khole, P.S. BuggawalaDistrict Haridwar

……...Applicant ( in Jail)

Versus

State of Uttarakhand

…..….Opposite Party

Arising out of crime no. 245 of 2010Under section : 364, 302 and 201 IPCP.S. Bhagwanpur, District Haridwar-________________________________________________________________________

Hon’ble Prafulla C. Pant, J

Shri H.C. Pathak, Advocate, present for the applicant.

Shri M.A. Khan, Brief Holder, present for the State.

Shri Nagesh Agarwal, Advocate, present for the complainant.

Applicant- Gani, who is in jail in connection with crime no. 245 of 2010, relating to offences punishable under section 364, 302, 201 IPC, P.S. Bhagwanpur, District Haridwar, has sought his release on bail.

Heard learned counsel for the parties.

The applicant is not named in the first information report. It is a case of circumstantial evidence. Co-accused Shamshad and Ibrahim have already been directed to be enlarged on bail.

Learned counsel for the complainant pleaded that recovery of skeleton of the dead body of the deceased is said to have been made on pointing out of the applicant. It is further submitted that applicant was said to have last seen with the deceased.

Having considered submissions of learned counsel for the parties, and after going through the papers on record, 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 Gani, be released on bail on executing personal bond, and furnishing two sureties each of like amount to the satisfaction of Judicial Magistrate, Roorkee.

(Prafulla C. Pant, J.)

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