Allowed

Dharmesh v. State Of Uttrakhand

Uttarakhand HC17 May 2014BA1/399/2014

Case brief

AI extract

What is this about?

This judgment allows a bail application filed by an accused, Dharmesh, in a case involving murder and kidnapping. The court considered the circumstances, including the absence of definite forensic evidence, lack of assigned motive, and the accused's clean prior record, concluding that bail is in order.

What did the court decide?

Bail application allowed; accused released on executing a personal bond and furnishing two sureties.

Dharmesh Vs State Of Uttrakhand — Bail and Remand | Uttarakhand HC (2014)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Original Jurisdiction

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Dated: Nainital the 17^th Day of May, 2014 1^st Bail Application No. 399 of 2014.

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Order on the Bail Application:

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CRIMINAL SIDE

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Dharmesh .…… Accused/Applicant (in jail)

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versus

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State of Uttarakhand ...………. Opposite party

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Case Crime No. 327 of 2013 Under Sections 302, 364, 201 and 120-B of IPC Police Station – Kotwali Gangnahar Roorkee District – Haridwar

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Mr. S.K.Shandilya and Mr. Vikas Anand, Advocates present for the applicant. Mr. S.S.Adhikari, Brief Holder, present for the State/respondent.

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U.C.Dhyani, J.

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Applicant, who is in jail in connection with Case Crime No. 327 of 2013, relating to offences punishable under Sections 302, 364, 201 and 120-B of IPC, Police Station – Kotwali Gangnahar Roorkee, District Haridwar, has sought his release on bail.

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Heard learned counsel for the parties, perused the material on record and considered the grounds taken up in the bail application.

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A missing report was lodged by the mother of the victim informing that the victim was not traceable. It was stated in the said report that Sanni alias Shubham, one of his friend, rang him up in the morning. The dead body of the victim was recovered near the railway track on 06.11.2013. In the inquest report, it was opined by the panches that the victim was hit by a train and as a consequence of which, he sustained injuries. Postmortem report indicated that the victim sustained lacerated wound over face, abraded wound over right side of forehead, multiple contused mark over legs, right arm, upper arm and oil marks (black) over the right forearm.

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It is the contention of learned prosecutor that the last seen evidence of Ravindra and Bipin is therefore against the applicant. The deceased was last seen in the company of Dharmesh (present applicant), Sani, Rohit and Nazim.

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No definite opinion about classification of the blood group could be given by the Forensic Science Laboratory. It is a case of circumstantial evidence in which, although last seen evidence is there, but no motive is assigned for committing the alleged crime. Applicant has no criminal history and he is in jail since 11.11.2013.

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Considering the facts and circumstances, a case of bail is made out in favour of the applicant.

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Accordingly, the bail application of the applicant is allowed. Let the applicant Dharmesh be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount to the satisfaction of Additional Chief Judicial Magistrate,Roorkee.

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If at any time it is found that the applicant or any of his family members is threatening the complainant or any of her family member, it will be open to the complainant to move an application for cancellation of bail of the applicant before the court concerned.

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(U.C.Dhyani J.) 17.05.2014

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Kaushal

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Dharmesh v. State Of Uttrakhand

Case brief

What is this about?

What did the court decide?

Dharmesh v. State Of Uttrakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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