Single judge order granting bail to two applicants facing murder charges. The Court viewed the case as fit for bail given that applicants were not initially named in the FIR and the informant subsequently developed his statement to include them.
Applicants released on bail by executing personal bond and furnishing two reliable sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 1291 of 2021
Shivam Thakur ….....Applicant Versus State of Uttarakhand ….….Respondent With First Bail Application No. 1292 of 2021
Dilbag Singh alias Bagga ….....Applicant Versus State of Uttarakhand ….….Respondent
Present:-
Mr. Mehboob Rahi, Advocate holding brief of Mr. Abhishek Verma, Advocate for the applicants. Mr. Lalit Miglani, A.G.A. with Ms. Lata Negi, Brief Holder for the State. Mr. Pradeep Chamyal, Advocate for the informant.
Hon’ble Ravindra Maithani, J. (Oral)
Applicants Shivam Thakur and Dilbag Singh alias Bagga are in judicial custody in FIR No.233 of 2021, under Sections 302, 201 and 34 IPC, Police Station Ramnagar, District Nainital. They have sought their release on bail.
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the house of the informant and had dinner there. The applicants were along with the co-accused waiting for him in his vehicle at the school. Thereafter, on 13.04.2021, early morning at 02:40 AM, according to the FIR, the coaccused again visited the house of the informant and shot dead the father of the informant.
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Court is of the view that it is a case fit for bail and the applicants deserve to be enlarged on bail.
(Ravindra Maithani, J.) 01.10.2021
Sanjay
2 issues framed by the court
Whether the applicants deserving bail considering they are not substantively named in the FIR and informant later developed their statement.
Whether the facts of the case necessitate remand in custody or allow release on bail.
Shivam Thakur
Dilbag Singh alias Bagga
State of Uttarakhand
Ravindra Maithani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
