Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 809 of 2024
Aman Kumar
….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Mr. V.P. Bahuguna, Advocate for the applicant.
Mr. Pramod Tiwari, Brief Holder for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant is in judicial custody in FIR No. 263 of 2020, under Sections 302, 201 and 34 IPC, Police Station Rishikesh, District Dehradun. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused.
3.
The deceased-Narendra Rathi was found missing from his house on 01.07.2020. During investigation, according to police, it was detected that the applicant had used the mobile phone of the deceased and had spoken to the wife of the deceased. When the wife of the deceased, who is co-accused in the case, was interrogated, she revealed that she was in extra-marital relationship with the applicant. Therefore, they killed the deceased in the night of 01.07.2020, and buried him, and it is the applicant, who
2 had called her once or twice from the mobile number of the deceased.
4.
Learned counsel for the applicant would submit that it is a case based on some circumstantial evidence; the applicant is in custody since 24.07.2020; there are 45 chargesheeted witnesses; only 12 witnesses have been examined.
5.
These factual narrations are not denied by learned State Counsel.
6.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
7.
The bail application is allowed.
8.
Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
(Ravindra Maithani, J)
01.05.2025 Ravi Bisht