Uttarakhand High Court
BA4/10/2019 on 20 September, 2019
Author: Lok Pal Singh
Bench: Lok Pal Singh
BA4 No. 10 of 2019 Hon'ble Lok Pal Singh, J.
Mr. Bhuvnesh Joshi, Advocate for the applicant.
Mr. Sandeep Tandon, Dy. Advocate General with Ms. Shiwangi Gangwar, Brief Holder for the State.
Applicant, who is in jail, is seeking regular bail in connection with case crime no. 230 of 2017 for the offences punishable under sections 302, 307, 34 IPC registered at P.S. Pathri, District Haridwar.
This is fourth bail application moved on behalf of the applicant.
First and second bail application was rejected on 18.05.2018 and 17.07.2018. Third bail application was rejected on the ground only three witnesses have been examined and rests of the witnesses are yet to be examined.
The fourth application has been filed on the ground that wife of the applicant is suffering from kidney stone and there is no one in the family to look after her. Ultrasound of Shri Swami Bhumanand Hospital has been annexed in this regard.
Learned counsel for the applicant would submit that four witnesses, who are the material witnesses, have been examined before the court below and as many as 20 witnesses are yet to be examined which will take a long time to conclude the trial. It is further contended that after grant of short term bail to the applicant he did not misuse the same and there is no allegation against the applicant that he may threatened any of the witnesses.
Applicant is languishing in jail since 14.10.2017. Material witnesses have already been examined and there is no chance of tempering the witnesses.
Considering the entire conspectus of the case, without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage.
Bail application is allowed. Let applicant Nitin Kumar be released on bail on executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the Magistrate concerned.
(Lok Pal Singh, J.)
Parul 20.09.2019