Allowed

Sher Mohammad @ Shera v. State Of Uttarakhand

Uttarakhand HC10 Mar 2014BA1/10/2014

Case brief

AI extract

What is this about?

This is a bail application under Indian Penal Code sections for allegedly causing death and destroying evidence. The High Court, relying on the parity principle after noting that a co-accused had already been granted bail, allowed the applicant's bail application.

What did the court decide?

The bail application was allowed. The accused-applicant is to be released on bail by executing a personal bond and furnishing two sureties.

Sher Mohammad @ Shera Vs State Of Uttarakhand — Murder and Culpable Homicide | Uttarakhand HC (2014)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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ORIGINAL JURISDICTION Dated : Nainital the 10^th March, 2014

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First Bail Application No.10 of 2014 Order on the bail application of accused

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CRIMINAL SIDE

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Sher Mohamad @ Shera … Applicant

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versus

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State of Uttarakhand … Respondent

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Mr. M. K. Ray, Advocate for the applicant. Mr. Rakesh Kunwar, Brief Holder for the respondent State.

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U.C. Dhyani, J. (Oral)

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The applicant seeks bail in connection with F.I.R. no.153 of 2013, under Sections 302 & 201 IPC, P.S. Rudrapur, District Udham Singh Nagar.

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Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record. According to the FIR, on 09.03.2013 at 6:30 PM, the victim Nagpal was called by his neighbour Vimal. Vimal informed the wife of the informant after half an hour that Nagpal was arrested by the police. When the informant enquired about the same, it came to his knowledge that the story of such arrest was false. Vimal and his brother Ajit were absconding. On the next day, the informant came to know that the dead body of his brother was lying in a field. The informant suspected that Vimal killed his brother-Nagpal.

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-2-

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A chargesheet was submitted against Baljor Singh, Sonia and Sher Mohammad @ Shera (present applicant). No chargesheet has been submitted against the accused, to whom, the informant suspected.

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Smt. Sonia has been granted bail by this Court, vide order dated 05.12.2013. The present applicant, too, is entitled to be released on bail on the ground of parity.

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Considering the above facts and circumstances, a case of bail is made out in favour of the present applicant on the ground of parity. The bail application is allowed. Let the accused-applicant be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount to the satisfaction of the C.J.M., Udham Singh Nagar.

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Dated 10^th March, 2014 Rawat

Sher Mohammad @ Shera v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

Sher Mohammad @ Shera v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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