KAUSHIK Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-4-29
HIGH COURT OF UTTARAKHAND
Decided on April 05,2013

KAUSHIK Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Alok Singh, J. - (1.) THIS is an application seeking regular bail in case crime No. 270 of 2012 under Section 302, 201, 120B IPC, Police Station Kotwali Mangalore, District Haridwar. Learned counsel for the applicant submits that the only evidence against the applicant is that he went along with deceased on motorcycle as pillion rider and both of them had left the village at about 11.30 p.m. and there is no other evidence except the evidence of mother of deceased to the aforesaid effect. Therefore, chain of circumstances is not complete. She further submits that applicant is in judicial custody since 05.07.2012 and till date, no prosecution witness has been examined.
(2.) LEARNED counsel for the applicant relying upon the judgment of Hon'ble Apex Court in the case of State of Kerala v. Raneef reported in : 2011 (1) SCC 784 has argued that in case, accused is not granted bail and is ultimately, acquitted in the trial, the time spent by the accused in jail during trial, cannot be restored to the accused. Considering the totality of facts and circumstances of the case, bail application is allowed. Let the applicant be released on bail, on his furnishing a personal bond and two sureties, each of the like amount, to the satisfaction of competent Magistrate having jurisdiction over Kotwali Mangalore, Roorkee, District Haridwar.;


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