Uttarakhand High Court
Pankaj Kumar Prajapati vs State Of Uttrakhand on 23 March, 2015
Author: U.C.Dhyani
Bench: U.C.Dhyani
BA-1 No. 206 of 2015 Hon'ble U.C.Dhyani, J.
Mr. D.C.S.Rawat, Advocate present for the applicant.
Mr. M.A. Khan, learned Deputy Advocate General, assisted by Mr. K.S. Rawal, Brief Holder, present for the State.
Applicant Pankaj Kumar Prajapati, who is in jail in connection with FIR/ Case Crime No. 213 of 2014 relating to offences punishable under Sections 302 and 120-B of IPC, Police Station Jaspur, District Udham Singh Nagar, has sought his release on bail.
Heard learned counsel for the parties, perused the material on record and considered the grounds taken up in the bail application.
An FIR was lodged against four named accused, but not against the applicant, on 13.10.2014 for the offence punishable under Sections 302 IPC alleging therein that the named accused persons committed murder of son of the informant. Allegedly, there was illicit relations between Harjeet Singh (named accused) and Sunita (another named accused), which was objected to by Jay Prakash (deceased-husband of accused no.3. Sunita).
The only piece of evidence against the present applicant is his confessional statement before the police. There is no recovery of any incriminating article. Nothing else. Co-accused Deepak s/o Gopal Krishna Yadav, from whose possession, a sum of Rs. 1,00,000/- was recovered, was granted bail by the Sessions Judge, Udham Singh Nagar. This was another Deepak, for the named Deepak, is Deepak s/o Harjeet Singh. Present applicant has no previous criminal history and is in jail since 24.10.2014. Considering the facts of the case and attenuating circumstances, a case of bail is made out in favour of the applicant. Let the applicant be enlarged on bail on his executing a personal bond and furnishing two sureties of the like amount to the satisfaction of ACJM, Kashipur.
(U.C.Dhyani, J.) 23.3.2015 Kaushal/Siddharth