SHER ALI MAHBUDUL HASAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties. The detenue is produced today before this Court.

(2.) BY means of this writ petition, petitioner Sher Ali has sought writ in the nature of Habeas Corpus for his production in the Court, and has further prayed for setting him at liberty forthwith.

(3.) BRIEF facts of the case are that petitioner Sher Ali appears to be one of the accused in Case Crime No. 3979 of 2007, relating to offences punishable under Section 302 / 34 of I. P. C. , registered with police station Kashipur, District Udham Singh Nagar. Complainant Idrish Ahmad lodged the first information report stating that his brother Illiyas was shot dead by one Danish @ Manni, Paras Rana and two others. The petitioner is not named in the first information report as is apparent from the copy of the first information report, which is Annexure -1 to the writ petition. The Order dated 26th of October 2007, passed by learned Single Judge of this Court, on Bail Application No. 1203 of 2007 (a copy of which is Annexure -2 to the writ petition) shows that applicant Sher Ali, who was arrested in connection with aforesaid crime, was directed to be released on bail on executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar.