Uttarakhand High Court

BA1/1286/2009 of DHARMENDRA Vs STATE OF UTTARAKHAND on 31 December 2009

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COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 31st day of December, 2009 Ist Bail Application No.1286 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Dharmendra .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

ORIGINAL JURISDICTIONDated: Nainital: the 31[st] day of December, 2009Ist Bail Application No.1286 of 2009Order on the Bail application of accused.

CRIMINAL SIDE

Dharmendra .….Applicant (In jail)

Versus

State of Uttarakhand……Opposite Party

___________________________________________________________________

Arising out of Case Crime No 350 of 2009,U/s 307, 504, 506, 120-B, 34 IPC, PS Kotwali, Jwalapur, District Haridwar.

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December 31, 2009

HON’BLE DHARAM VEER, J.

Mr. S.K. Shandilya, Advocate for the accused applicant.

Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State.

Heard.

Learned Counsel for the accused applicant submitted that the applicant is not named in the FIR and it is a no injury case. No role has been assigned to the accused applicant in the FIR. He further submitted that co-accused Krishanpal Sharma and Anil Sharma, who have been named in the FIR, have been granted bail by this Court vide order dated 8.12.2009 and 16.11.2009 respectively and the accused applicant is also entitled for bail on the basis of the parity.

Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record and in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage.

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

Bail application is allowed accordingly.

(Dharam Veer, J.)

31.12.2009

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