MAHESH CHANDRA TAMTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Mahesh Chandra Tamta @ Mahesh Chandra Agari is seeking anticipatory bail in F.I.R. No.395 of 2019 dtd. 2/10/2019 in Criminal Case No. 367 of 2020 under Ss. 307, 120-B and 34 of IPC, Police Station Ramnagar, District Nainital.

(2.) Heard learned counsel for the parties and perused the material available on record.

(3.) Learned counsel for the applicant/accused would submit that there is allegation of attempt to murder for which, the F.I.R. was registered, however, the applicant/accused was not named in the F.I.R.; that, on the statements of the co-accused persons the applicant/accused has been implicated in this case; that, he had filed the writ petition for quashing of the F.I.R. in which, the Investigating Officer had admitted that the applicant/accused is cooperating with the investigation; that, the applicant/accused was released from the hospital two days after the incident; that, the call details and the mobile numbers as alleged by the prosecution, being used by the applicant/accused to give instructions to other co-accused persons were obtained by the Investigating Officer from the co-accused persons whose statement is not admissible under the law.