This court granted bail to an accused charged with murder (Section 302 IPC) and causing hurt to commit suicide (Section 201 IPC) who was serving in jail since February 2014, noting the lack of prior criminal history.
Released on bail on executing a personal bond and furnishing two reliable sureties.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTION Dated : Nainital the 23rd May, 2014
First Bail Application No. 408 of 2014 Order on the bail application of accused
CRIMINAL SIDE
Shivnath Goshwami … Applicant versus State of Uttarakhand … Respondent
Mrs. Nandan Arya, Advocate, present for the applicant. Mr. S.S Adhikari, Brief Holder, present for the State.
U.C. Dhyani, J. (Oral)
The applicant seeks bail in connection with Case Crime no.02 of 2014, for the offences punishable under Sections 302 & 201 of IPC, P.S. Lamgada, District Almora.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
A missing report was lodged under Section 365 IPC regarding non traceability of the victim. Subsequent thereto, her dead body was found in a rivulet. Postmortem report revealed that she died as a result of anti-mortem head injury leading to hemorrhage and shock. ‘Last seen’ witnesses Ramesh Singh and Ram Singh were examined by the Investigating Officer, who stated that the present applicant met them, but they did not say that the victim was last seen in the company of the applicant.
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Although a stone was allegedly recovered at the pointing of present applicant, but, it appears, that the same was not sent to F.S.L for chemical examination. Charge-sheet has been submitted.
The applicant is in jail 08.02.2014 and has no previous criminal history.
Considering the material collected by the Investigating Officer during investigation, this Court is of the opinion that the applicant should be granted bail.
The bail application is allowed. Let the applicant Shivnath Goshwami be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of Chief Judicial Magistrate, Almora.
Dated 23rd May, 2014 SH
1 issue framed by the court
Whether bail should be granted to an accused facing charges of murder and causing hurt to commit suicide in a heinous case involving inability to trace victim initially.
2 provisions across 1 enactments
Shivnath Goshwami
State of Uttarakhand
U. C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
