KALA ALIAS KALA ALIAS KALWA ALIAS SURAJ Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-3-17
HIGH COURT OF UTTARAKHAND
Decided on March 16,2012

Kala Alias Kala Alias Kalwa Alias Suraj Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Heard Mr. Manish Arora, Advocate for the applicant and Mr. Prabhakar Joshi, Brief Holder for the State/Opposite Party. In connection with a case pertaining to dacoity and murder, applicant was arrested on 10th April, 2011, as his name came in course of investigation from the co-accused person. No recovery has been made from the applicant. The co-accused, who talked about involvement of the applicant, held out that another person fired upon, which caused the death. In the counter affidavit, it has been stated that the person injured in connection with the incident, identified the applicant and, accordingly, there was no necessity of a test identification parade. That suggests that no test identification parade of the applicant took place.
(2.) In the circumstances, the case for grant of bail has been made out. Bail application is allowed. Let the applicant be released on bail in connection with Case Crime No. 14/2011, under Sections 396, 397, 201, 120B and 34 IPC, Police Station Shayampur, District Haridwar, upon furnishing a personal bond and two sureties of Rs.25,000 each to the satisfaction of the learned Chief Judicial Magistrate, Haridwar.
(3.) Urgency application (IA No. 1289 of 2012) stands disposed of.;


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