Uttarakhand High Court
Smt Bhamuli vs State Of Uttarakhand on 7 April, 2016
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
st
1 Bail Application No. 1261 of 2015
Order on bail application of the accused
Smt. Bhamuli ... Applicant (in jail)
Vs
State of Uttarakhand ... Opp. Party
Hon'ble Sudhanshu Dhulia, J.
Heard Mr. Rajendra Singh Azad, learned counsel for the applicant, Mr. P.S. Saun, Deputy Advocate General assisted by Ms. Mamta Joshi, learned Brief Holder present for the State, Ms. Neetu Singh, learned counsel for the complainant and perused the records.
The applicant is in jail being implicated in Case Crime No. 408 of 2014, which has been registered under Sections 302/307/323/452/504/506 of I.P.C., Police Station Kotwali Roorkee, District Haridwar.
From the perusal of the record, it appears that although the applicant has been named in the F.I.R., however, she was not named in the charge sheet. Thereafter, the trial proceeded and after examining PW1 and on filing of the application under Section 319 of Cr.P.C. by the prosecution, the present applicant was summoned by the court concerned. However, the said summoning order was challenged by the applicant before this Court by invoking the inherent jurisdiction of this Court under Section 482 Cr.P.C which was dismissed. The applicant is in jail since 03.09.2015.
Without going into the merit of the case or expressing any opinion as to the present evidence available on record but purely on the consideration that applicant is a woman and is in jail for the last more than six months and particularly the fact that her two sons are presently in jail, the applicant has been able to make out a case for bail. The bail application is accordingly allowed.
Let the applicant (Smt. Bhamuli) be enlarged on bail in the aforesaid crime on her executing a personal bond and two 2 reliable sureties of the equal amount to the satisfaction of the court concerned.
It is made clear that any observations made by this Court are only for the purposes of grant of bail. It shall not be taken into consideration at all in any other proceedings.
(Sudhanshu Dhulia, J.) 07.04.2016 Aswal