DALIP BAHADUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant seeks bail in connection with F.I.R. no.583 of 2013, under Sections 302 and 201 IPC P.S. Haldwani, District Nainital.

(2.) HEARD learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.

(3.) THE inquest report of the deceased was prepared on 02.12.2013. The Panches wrote in the inquest report that the victim was a habitual drinker. Sometimes, he used to take off his clothes after consuming liquor. He went in search of wages 5 days ago. Thereafter, the people have been making a search for him. On 30.01.2014, his dead body was found in a canal. The postmortem report reveals that the cause of death of the victim was shock and haemorrhage as a result of cut throat injury of neck caused by sharp cutting weapon. The statement of Pratap Singh was recorded under Section 161 Cr.P.C. (Annexure -2 to the counter affidavit), wherein it was stated that the victim as well as the accused persons consumed liquor together. The victim was dragged by the accused persons and was taken to a road. Some altercation took place between them. It was also stated by Pratap Singh that the victim was taken by the accused persons to their houses, but he (Pratap Singh) did not see killing of the victim by the accused persons. A blade was allegedly recovered at the pointing of both the accused on 03.12.2013. Learned counsel for the applicant submitted that the applicant has no previous criminal history, is in jail since 03.12.2013 and is ready to furnish reliable sureties, if he is granted bail.