Uttarakhand High Court

BA1/1040/2008 of QUDEER MISTRI Vs STATE on 30 December 2008

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COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 30th December, 2008 Criminal Bail Application No. 1040 of 2008 Order on the bail application of accused CRIMINAL SIDE Qadeer Mistri, S/o Munshi. …Applicant Versus State of Uttarakhand …Opposite Party

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 30[th] December, 2008 Criminal Bail Application No. 1040 of 2008 Order on the bail application of accused CRIMINAL SIDE

Qadeer Mistri, S/o Munshi.

Versus

State of Uttarakhand

…Applicant

…Opposite Party

Arising out of Case Crime/FIR No. 108 of 2008. Under Section 302 I.P.C.

P.S. Kichha, District Udham Singh Nagar.

_______________________________________________________

Hon’ble J. C. S. Rawat, J.

Heard Mr. S.K. Chaudhary, Advocate for the applicant and Mr. Amit Bhatt, Addl. G.A for the State & also perused the record.

After due consideration of the submissions of the learned counsel for the parties; the contents of the F.I.R.; the averments made in the F.I.R. against the present applicant; the extra judicial confession was made by the co-accused before the witnesses and not by the present applicant; and considering the facts and circumstances of the case, it is a fit case for bail.

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

Dated 30.12.2008 V.K.

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

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