SUKHDEV MANDAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Sukhdev Mandal, who is in judicial custody in FIR No.248 of 2021, under Ss. 302, 324 and 34 IPC, Police Station Transit Camp, District Udham Singh Nagar, has sought his release on bail.

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

(3.) Learned counsel for the applicant would submit that six witnesses have been examined in the trial court; that, as per the charge sheet there was only one eyewitness, namely, Anandi Devi who is complainant/mother of the deceased; that, she has been examined in the trial court as PW1 and she has not supported the case of the prosecution at all. He would further submit that PW4 Jyotsana who is neighbour of the deceased has also turned hostile; that, similarly PW5 Mahesh, who is witness of Panchayatnama and PW6 Manvendra, who is witness of recovery, have also not supported the case of the prosecution. He would further submit that the applicant is languishing in jail since 5/9/2021 and no purpose would be served by keeping the applicants behind bars as there are bleak chances of conviction of the applicant/accused in the present case.