BA1/1266/2011 of RAMROOP SINGH Vs STATE OF UTTARAKHAND on 30 December 2011

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Original Jurisdiction

Dated: Nainital: the 30[th] day of December, 2011 1st Bail Application No.1266 of 2011

Order on the Bail Application:

CRIMINAL SIDE

Ramroop Singh S/o Chait Ram R/o Gurkhura P.S. Khatima District Udham Singh Nagar.

………Applicant

Versus

State of Uttarakhand

…… Opposite Party

Arising out of F.I.R. No. 259 of 2011, Under Section- 147, 307, 323, 435 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station- Khatima, District-Udham Singh Nagar.

Hon’ble Prafulla C. Pant, J.

Mr. Prabhakar Joshi, Advocate, present for the applicant.

Mr. S.S. Adhikari, A.G.A., present for the State.

Heard.

Applicant Ramroop Singh, who is in jail in connection with F.I.R. No. 259 of 2011, relating to offences punishable under Section 147, 307, 323, 435 I.P.C., and one punishable under Section 7 Criminal Law Amendment Act, Police Station- Khatima, District Udham Singh Nagar, has sought his release on bail.

The applicant is not named in the First Information Report. Learned counsel for the applicant submitted that the injuries said to have been suffered in the incident are simple in nature. It is pleaded that the villagers on account of their past experience, appear to have mistook the persons passing in the vehicle through the village as thieves and were attacked. No specific role has been assigned to anyone. It is further pleaded that there was no motive for commission of crime on the part of the applicant. It is further submitted that applicant has no criminal history.

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 Ramroop Singh, be released on bail, on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Judicial Magistrate, Khatima.

30.12.2011 JM

(Prafulla C. Pant, J.)