BINDU SINGH MONI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Amit Kapri, Advocate for the applicant, Mr. D.K. Sharma, Additional Advocate General assisted by Ms. Mamta Joshi, Brief Holder for the State of Uttarakhand and Mr. Sanjay Bhatt, Advocate for respondent no. 2.

(2.) This is the bail cancellation application filed on behalf of the complainant. Respondent no. 2 i.e. Smt. Renu Devi was granted bail by this Court vide order dated 24.06.2016. At the time, when the bail application of respondent no. 2 was allowed by this Court, the counter affidavit of the State was also on record, which was sworn by the Investigating Officer Mr. Mahesh Chand, who is also present in person today before this Court.

(3.) In the counter affidavit, charge-sheet was filed and the affidavit was sworn by the Investigating Officer Mr. Mahesh Chand stating that in case of respondent no. 2, he has filed charge-sheet only under Sec. 147 of IPC. This was not only a wrong statement but the charge-sheet, which has been filed before this Court was not the actual charge-sheet, which was filed before the court below. These facts have been brought to the notice of this Court in the present bail cancellation application and which have been duly affirmed by the State Counsel.