Faim Vs State Of Uttarakhand

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BA No.283 OF 2015

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Hon’ble U. C. Dhyani, J.

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Mr. G. C. Lakhchaura, Advocate present for the applicant.

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Mr. Raman Kumar Sah, Deputy Advocate General with Mr. V. S. Rathore, present Brief Holder for the State.

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Applicant seeks bail in connection with FIR No. 274/2014 under Sections 302, 120-B, 342, 34, 394 & 411 IPC, P.S. Kashipur, District Udham Singh Nagar.

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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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An FIR was lodged against two unknown miscreants for the offences punishable under Sections 302, 120-B, 342, 34, 394 & 411 IPC on 10.06.2014 alleging therein that some unknown assailants trespassed into the house of the victim, bolted victim’s wife inside the room and killed the victim.

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No test identification parade has been conducted. The name of the present applicant came to the fore when the statements of coaccused viz., Jai Prakash was recorded by Investigating Officer. Jai Prakash was the father of first wife who harboured grudge against the victim, inasmuch as he contracted second marriage. There is only confessional statement of present applicant, who is said to have been hired by co-accused Jai prakash for committing alleged crime. Some incriminating articles were allegedly recovered on the pointing out of Faheem. Those articles were some gold and silver ornaments. Co-accused Jai Prakash has already been granted bail by this Court, vide order dated 30.03.2015. Present applicant is in jail since 14.11.2014.

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Considering the facts and circumstances, a case of bail is made out in favour of the applicant on the basis of parity. Bail application is allowed.

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Let the applicant be released on bail on his executing a personal bond and furnishing two sureties, of the like amount, to the satisfaction of the Magistrate concerned.

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(U. C. Dhyani, J.)

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Dated 15.04.2015

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Rawat

Faim v. State Of Uttarakhand

Case brief

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Faim v. State Of Uttarakhand

Case brief

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