Uttarakhand High Court
Mustkeem Urf Mustgees vs State Of Uttarakhand on 11 November, 2016
Author: U. C. Dhyani
Bench: U. C. Dhyani
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Original Jurisdiction
Bail Application 1st No.377 of 2016
Mustakeem urf Mustgees ... Applicant
Vs.
State of Uttarakhand ... Respondent
Mr. Parikshit Saini, and Mrs. Neetu Singh, Advocates present for the applicant.
Mr. Hari Om Bhakuni, A.G.A with Mr. V.S.Pal, A.G.A present for the State.
U. C. Dhyani, J.
Applicant- Mustakeem @ Mustgees, who is in jail in connection with Case Crime No.83 of 2015, relating to offences punishable under Sections 147,302,34 of IPC, registered at Police Station Piran Kaliyar, Roorkee, District Haridwar, has sought his release on bail.
Heard learned counsel for the parties, perused the material brought on record and considered the grounds taken up in the bail application.
As many as five persons are named in the first information report. Present applicant is named in the FIR.
Learned counsel for the applicant submitted that the assault was by kicks and fits. It was a sudden dispute. No weapon has been used by the assailants. The applicant is in jail since 13.10.2015.
The cause of death of the deceased is cerebral concussion by extra dural haemorrhage due to head injury.
It has been informed by learned counsel for the applicant that charge sheet has been submitted in the -2- case but no prosecution witness has been examined as yet.
Co-accused Mehtab and Mukarram have been granted short term bail by this Court on different dates.
Considering the facts of the case, this Court is of the opinion that short term bail only for a period of three months should be granted to the applicant on the ground of parity.
Let the applicant- Mustakeem @ Mustgees be enlarged on short term bail for a period of three months on his executing a personal bond and furnishing two reliable sureties, each of like amount to the satisfaction of the court concerned.
Applicant will be at liberty to move for extension of short term bail.
Learned A.G.A for the State shall apprise the Court about the current status of the trial when an application for extension of short term bail be moved on behalf of applicant.
If at any point of time, it is found that the applicant is misusing the short term bail, the learned court below shall be at liberty to cancel his bail, in accordance with law.
Bail Application thus stands disposed of.
(U. C. Dhyani, J.) 11.11.2016 NP