Shankar Ram @ Gopal Datt Bhatt @ Vivek vs State of Uttarakhand

Prafulla C. Pant, J.—Smt. Pushpa Joshi, Advocate, present for the applicant. Sri M.A. Khan, Brief Holder, present for the State.

Applicant Shankar Ram @ Gopal Datt Bhatt @ Vivek, who is in jail in connection with Crime No. 3222/2007, relating to offences punishable u/s 121, 121A, 124A, 153B, 120B IPC and one punishable u/s 10/20 of Unlawful Activities (Prevention) Amendment Act, Police Station Nanakmatta, District Udham Singh Nagar, has sought his release on bail.

The first bail application of the applicant was rejected on 15.4.2010 by Hon''ble Mr. Justice Dharam Veer,J. (since expired).

A counter affidavit has been filed on behalf of the State. Same be taken on record.

Heard learned Counsel for the parties.

After the first bail application was rejected, it is pointed out that PW4 Hukumat Singh and PW5 Mukhtayar Singh have also been examined during trial and none of them have named the applicant in their statements. It is further submitted on behalf of the applicant that now applicant is in jail for last more than three years. It is also pointed out that co-accused Dinesh Chandra has already been directed to be released on bail.

Perusal of the statements of PW4 Hukumat Singh and PW5 Mukhtayar Singh show that they have adduced evidence against Prashant and Charu (not the applicant). The allegation against the applicant is that he is the active member of Maoist Group.

However, considering the development, after rejection of the first bail application as mentioned above, this Court is of the view that now the applicant deserves bail.

Let applicant Shankar Ram @ Gopal Datt Bhatt @ Vivek be released on bail on executing personal bond and furnishing two sureties, each of like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar.

Bail application stands allowed.