The High Court granted bail to the applicant Rohtash, an accused in a murder charge (IPC 302, 120B) alleging he was an onlooker, finding attenuating circumstances justified enlargement upon personal bond and two sureties.
Applicant enlarged on bail by executing personal bond and furnishing two sureties of like amount.
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BA1 No. 375 of 2015 Hon’ble U.C.Dhyani, J.
Mr. Rajendra Singh Azad, Advocate, present for the applicant.
Mr. V. K. Jemini, learned Deputy Advocate General, assisted by Ms. Geeta Parihari, Brief Holder, present for the State.
Applicant Rohtash, who is in jail in connection with Case Crime No. 392 of 2014, under Section 302 and 120B of IPC, PS Kotwali Manglur, District Haridwar, has sought his release on bail. Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
An FIR was lodged against five named accused including the applicant for the offence punishable under Section 302 of IPC on 22.11.2014 alleging therein that the accused persons met father of the informant, consumed liquor and thereafter strangulated him (father of the informant) to death. In the FIR, it has been stated that the informant and Rakesh saw the accused persons strangulating the victim (deceased). Accused persons fled away from the spot. In his statement under Section 161 Cr.P.C., the informant Ravindra Kumar, who happens to be son of the deceased, said that he saw Vidhesh alias Sonu and Nawab strangulating his father, while, Rohtas (present applicant) and Peeru were simply on-lookers. The was arrested on applicant 30.11.2014 and since then he is in jail. He has no previous criminal history. Co-accused Neetu has already been directed to be enlarged on bail by this Court vide order dated 30.03.2015.
Considering the facts of the case and attenuating circumstances, a case of bail is made out in favour of the applicant.
Accordingly, let the applicant Rohtash be enlarged on bail on his executing a personal bond and furnishing two sureties of the like amount to the satisfac tion of Magistrate concerned.
(U.C.Dhyani, J.)
17.04.2015
Kaushal
3 issues framed by the court
Whether bail should be granted to the applicant accused under Sections 302 and 120B IPC who is alleged to have been an onlooker in the fatal incident.
Whether attenuating circumstances exist to make out a case for bail.
Whether to enlarge the applicant on bail upon furnishing personal bond and sureties.
Rohtash
The State
U.C.Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
