HIGH COURT OF UTTARAKHAND

Mamraj @ Gantya vs State Of Uttarakhand

First Bail Application No 2737 of 2023 On 18 March 2024

Hon'ble Judges: Ravindra Maithani

Case Type: First Bail Application

Final Decision: Application allowed

Advocates: Lokendra Dobhal, Pramod Tiwari

Citations: 
2024 0 CJ(Utt) 165

ACTS REFERRED: 
Code of Criminal Procedure, 1973, Section 169
Indian Penal Code, 1860, Section 302

(A) Code of Criminal Procedure, 1973, Section 169 - Release of accused when evidence deficient(B) Indian Penal Code, 1860, Section 302 - Punishment for murder He has sought his release on bail. Heard learned counsel for the parties and perused the record. The dead body of the deceased Shanti Lal was found dead on 02023 at about 9:00 PM.

Judgement Text

1. Delay in filing counter affidavit is condoned. Counter affidavit is taken on record. Delay Condonation Application, IA no.1 of 2024, stands disposed of, accordingly.

2. Applicant Mamraj @ Gantya is in judicial custody in Case Crime No.01 of 2023, under Section 302 IPC, Revenue Police Circle Thati, District- Tehri Garhwal. He has sought his release on bail.

3. Heard learned counsel for the parties and perused the record.

4. The dead body of the deceased Shanti Lal was found dead on 08.10.2023 at about 9:00 PM. According to the FIR, suspicion was raised on the applicant that it is he, who had assaulted the deceased.

5. Learned counsel for the applicant would submit that there is no evidence against the applicant; the Investigating Officer (?the IO?) had already submitted a closure report under Section 169 of the Code of Criminal Procedure, 1973 (?the Code?).

6. Learned State Counsel admits that during investigation, no witness has stated that it is the applicant, who killed the deceased. He also admits that no evidence was found against the applicant during investigation.

7. As stated, the IO had submitted a report under Section 169 of the Code. According to the IO, no evidence was available so as to implicate