Judgment · High Court

Mr. Vikas Anand and Ms. Gyan Mati learned counsels Kushwaha, applicant.

Mr. Deepak Bisht, learned Deputy Advocate General assisted by Mr. Prabhat Kandpal, Brief Holder for the State.

Applicant- Ram Avtar @ Kallu, who is in Judicial custody in connection with Case Crime/FIR No. 148 of 2016, under Sections 304 IPC, registered at Police Station Sitarganj, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel

parties and perused the material available on record. Learned counsel for the applicant 5. contends that the applicant was not named in the First Information Report; he was charge-sheeted on the basis of the statements recorded by the Investigating Officer; the deceased had taken the motorcycle of the accused on 27.05.2015. Learned counsel for the applicant further submitted that FIR was lodged by brother of the deceased; the deceased died on account of road accident and they came to photographs of newspaper; FIR was lodged after much delay i.e. on 30.05.2016 whereas as per the deceased seeing the prosecution story the deceased had taken the motorcycle of the accused on 27.05.2016. The applicant is languishing in jail since 26.09.2024. 6. Respondent-State have they have counter affidavit wherein enclosed the statements of PW1-Saurabh Sharma, PW2- Retired Doctor I.A. Khan, and PW3-Umesh Sharma & PW 4 Rajneesh Sharma.

Counsel for the applicant submitted that there is no material on the basis of the statement of the prosecution witnesses that would relate deceased with the accused. the death of submission 8. Considering learned counsel the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage.

Accordingly the bail application is allowed.