BA1/440/2013 of DURGA RAM Vs STATE OF UTTARAKHAND
Parties
- ………Applicant (in Jail (PETITIONER)
- State of Uttarakhand (RESPONDENT)
Statutes cited (2)
- constitution of india, article-12 (1950)
- constitution of india (1950)
Full text
solid underline = linked page · dashed underline = case is in our corpus, page not published yet · dotted red = recognized reference, not in our corpus
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original JurisdictionDated: Nainital: the 22[nd] day of March, 2013 1st Bail Application No.440 of 2013
Order on the Bail Application:
CRIMINAL SIDE
Durga Ram @ Durga Prasad, S/o Late Shri Bishan Ram, R/o Village Basey, Tehsil & Police Station Kapkote, District Bageshwar.
………Applicant (in Jail)
Versus
State of Uttarakhand.
…… Opposite Party
Arising out of F.I.R. No.05 of 2013, Under Section- 498A & 306 of
I.P.C., Police Station Kapkote, District-Bageshwar.
Mr. Dinesh Chauhan, Advocate, present for the
applicant.
Mr. V.S. Pal, A.G.A., present for the State.
Hon’ble Prafulla C.Pant,J.
Heard.
2) Applicant Durga Ram @ Durga Prasad, who is in jail in connection with F.I.R. No. 05 of 2013, relating to offences punishable under Section 498A and306 of I.P.C., Police Station Kapkote, District Bageshwar, has sought his release on bail.
3) Learned counsel for the applicant submitted that from the First Information Report itself it is clear that both husband and wife attempted to commit suicide. It is also apparent from the F.I.R. and other papers on record that the wife died, and husband (present applicant Durga Ram @ Durga Prasad) was taken to hospital in an unconscious condition with ligature mark around his neck. It is contended that the deceased and the applicant have attempted to commit suicide due to the poverty and it has nothing to do with the demand of dowry etc.
4) In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail.
5) Accordingly, the bail application is allowed. Let the applicant Durga Ram @ Durga Prasad (S/o Late Bishan Ram) be released on bail, on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Bageshwar.
(Prafulla C.Pant,J.)
22.03.2013 JM