Uttarakhand High Court

BA1/1076/2008 of SMT BHAGIRATHI DEVI Vs STATE OF UTTARAKHAND on 30 December 2008

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COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 30th December, 2008 1st Bail Application No. 1076 of 2008 Order on the bail application of the accused. Smt. Bhagirathi Devi ….. Applicant Versus State of Uttarakhand …. Opposite Party In Case Crime No. 3

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 30th December, 2008 1[st] Bail Application No. 1076 of 2008 Order on the bail application of the accused.

Smt. Bhagirathi Devi

….. Applicant

Versus

State of Uttarakhand …. Opposite Party In Case Crime No. 3 of 2008 U/s 302, and 201 I.P.C. Patwari Circle Sahar Phatak. Tehsil Jaiti District Almora Hon’ble J.C.S. Rawat, J.

Heard Mr. S.K. Mandal, Advocate for the applicant; Mr. Amit Bhatt, Addl. G.A. For the State; and perused the record.

After due consideration of the submissions of the learned counsel for the parites; contents of the F.I.R; contents of the statements of Narain Ram and Prakash Ram and other witnesses; the fact that the main role has been assigned to other co-accused; the witnesses have not stated that the applicant has participated in the assault; the fact that the applicant is a lady; and in the facts and circumstances of the case, it fit case for bail.

Let the accused/applicant be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate.

(J.C.S. Rawat, J.)

Dated 30.12.2008 Shiv

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