BA1/265/2021 of NISHU SHARMA ALIAS BIJLI Vs STATE OF UTTARKAHAND
Parties
- BA1/265/2021 of NISHU SHARMA ALIAS BIJLI (PETITIONER)
- STATE OF UTTARKAHAND (RESPONDENT)
Cites (3)
- AIR 2003 SC 1639 (2003) CONSIDERED
- UDAY versus STATE OF KARNATAKA (2003)
- AIR 2000 SC 2798 (2000) FOLLOWED
Statutes cited (15)
- indian penal code, 506 (1860)
- code of criminal procedure, 164 (1973)
- indian penal code, 365 (1860)
- indian penal code, 375 (1860)
- indian penal code, 90 (1860)
- indian penal code, 375 (1860)
- indian penal code, 376 (1860)
- indian penal code, 375 (1860)
- indian penal code, 90 (1860)
- indian penal code, 375 (1860)
- indian penal code, 114 (1860)
- indian penal code (1860)
- indian penal code (1860)
- indian evidence act (1872)
- indian penal code (1860)
Full text
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BA1 No.265 of 2021
Hon ’ble R.C. Kh u lbe, J.
Mr. Shashi Kant Shandilya, learned
counsel for the applicant.
Mr. Lalit Miglani, Learned A.G.A. for
the State.
Applicant-Nishu Sharma @ Bijli has sought his release on bail in connection with Case Crime No.470 of 2020 u/ s 336, 386, 120-B, 34 of IPC and Section 27 of Arms Act, registered at P.S. Kotwali Jwalapurs, District Haridwar.
It is argued that the accused has been falsely implicated; he is in jail since 17.09.2020; there is no recovery against him; apart from that co-accused has been enlarged on bail by this Court on 06.01.2021, and the applicant also deserves bail on the ground of parity.
Per contra, learned State counsel opposed for bail but fairly submitted that co accused has been enlarged on bail.
The accused is in jail since 17.09.2020; there is no criminal history against him; co-accused has been enlarged on bail; without commenting on the merits, on the basis of parity, it is fit case for bail at this stage.
The bail application is thus, allowed. The applicant is directed to be released on bail on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the court concerned.
Pending application, if any, stands disposed of.
Nahid
( R.C. Kh u lbe, J.)
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