Babu Ram Alias Bankeylal Vs State Of Uttarakhand

B.A.1 No. 1539 of 2016 U.C. Dhyani, J.

Mr. B.S. Bhandari, Advocate for the applicant.

Mr. Pramod Tiwari, Brief Holder for the respondent State.

Applicant Babu Ram @ Bankeylal, who is in jail in connection with FIR no. 98 of 2016, under Section 302 IPC, registered at Police Station, Haldwani, District Nainital, has sought his release on bail.

¶5

Heard learned counsel for the parties and perused the documents brought on record.

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An FIR was lodged against unknown assailants under Section 302 IPC. When the police found the dead body of the victim in the jungle, it appeared to the police that the victim was killed with some sharp edged weapon.

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The complicity of the present applicant came to light on the basis of confessional statement of coaccused recorded on 19.04.2016. The applicant is in jail since 19.04.2016 and has no previous criminal history.

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On perusal of order dated 30.09.2016, passed by learned Sessions Judge, Nainital, it revealed that a blood stained sickle was recovered on the pointing out of the present applicant.

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Learned A.G.A. opposed the bail application on the ground that sickle recovered at the instance of the present applicant contained blood stains.

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Learned counsel for the applicant submitted that co-accused Neeraj Bhola, who was found in possession of spectacles of the deceased containing blood stains and co-accused Jai Prakash Kushwaha, on whose pointing out motorcycle and helmet of the deceased were recovered have already been directed to be enlarged on bail by this Court vide orders dated 17.08.2016 and 09.12.2016 respectively.

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This Court is, therefore, of the opinion that present applicant should also be granted bail on the ground of parity.

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

¶13

Negi

Babu Ram Alias Bankeylal v. State Of Uttarakhand

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Babu Ram Alias Bankeylal v. State Of Uttarakhand

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