Uttarakhand High Court
BA1/965/2011 of MANGEY RAM Vs STATE OF UTTARAKHAND on 29 December 2011
COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 29th day of December, 2011 1st Bail Application No.965 of 2011 Order on the Bail Application: CRIMINAL SIDE Mangey Ram S/o Sri Abhay Singh R/o Village Aneki, P.S. Ranipur, Distt. Haridwar.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated: Nainital: the 29[th] day of December, 2011 1st Bail Application No.965 of 2011
Order on the Bail Application:
CRIMINAL SIDE
Mangey Ram S/o Sri Abhay Singh R/o Village Aneki, P.S. Ranipur, Distt. Haridwar.
………Applicant
Versus
State of Uttarakhand
…… Opposite Party
Arising out of Case Crime No. 240 of 2011, Under Section- 302, 506 I.P.C. Police Station- Ranipur, District-Haridwar.
Hon’ble Prafulla C. Pant, J.
Mrs. Pushpa Joshi, Senior Advocate, assisted by Mr. Piyush Garg, Advocate, present for the applicant.
Mr. M.A. Khan, Brief Holder, present for the State.
Heard.
Applicant Mangey Ram, who is in jail in connection with Crime No. 240 of 2011, relating to offences punishable under Section 302, 506 I.P.C., Police Station- Ranipur, District Haridwar, has sought his release on bail.
It is alleged in the First Information Report that the applicant has committed murder of Ajay Kumar (Mintu). The incident is allegedly taken place on 05.06.2011, at 7:00 pm. The First Information Report was lodged on the next day at about 6:20 hours at Police Station-Ranipur. Attention of this Court is drawn to annexure No.2 to the affidavit filed with the bail application i.e. memo of information sent by the hospital at Police Station on 05.06.2011, at 21:50 hours. Name of the present applicant does not figure in it. The copy of report of Police recorded at 1:00 am (on 06.06.2011) shows that there was no one around the dead body of the deceased in the hospital. The inquest report dated 06.06.2011, shows that there is no mention the name of present applicant, though it is mentioned that relatives of the deceased were present at the time of preparing of the inquest report. It is further pleaded on behalf of the applicant that by the time when autopsy was conducted on the dead body on 06.06.2011, the applicant’s name was nowhere figured in the report, that is why, the Circle Officer had directed to Station House Officer to enquire in to the matter (though said entry appears to have been scored off on the side of autopsy report). It is argued on behalf of the applicant that the applicant has been falsely named in the First Information Report.
In the above circumstances, 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 the applicant Mangey Ram, be released on bail, on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Haridwar.
29.12.2011 JM
(Prafulla C. Pant, J.)