Punna Lal vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Heard. Applicant- Punna Lal, who is in jail in connection with F.I.R. No. 254 of 2011, relating to offences punishable u/s 304 and 201 of I.P.C . Police Station Khatima, District Udham Singh Nagar, has sought his release on bail.

Counter affidavit filed on behalf of the State be taken on record.

Learned Counsel for the applicant submitted that thirteen persons are named in the First Information Report, and the name of the present applicant nowhere figures in it. It is further submitted that electrocution appears to cause of death of one of the two children and the another appears to have died after receiving head injury. It is further submitted that there was no motive on the part of the present applicant to cause death of the two children. Learned Counsel for the applicant further submitted that neither there is any direct evidence against the present applicant, nor any circumstantial evidence which connects him with the crime.

In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view, that applicant deserves bail. Let the applicant-Punna Lal be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Khatima.