High CourtsSingle Bench(2018) 08 UK CK 0159

Smt. Sahna vs State of Uttarakhand

Uttarakhand High Court · Decided on 28 August 2018

HON’BLE JUDGES
Sudhanshu Dhulia, J
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1327 of 2018

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Judgment

13 paragraphs · 233 words

Sudhanshu Dhulia, J. (Oral)

Heard Mr. Lalit Sharma, Advocate for the accused applicant, and Ms. Mamta Joshi, Brief Holder for the State.

The applicant is in jail having been implicated in FIR No. 281 of 2018 for the offences under Sections 304, 328, 504, 506/34 IPC, registered in the

Police Station Vikasnagar, District Dehradun.

It is contended that the applicant has been falsely implicated in the present case. According to the applicant, the main assault has been done by the co-

accused Kasim on the head of the victim which is also evident from the post-mortem report where cause of death has been stated to be the head

injury. Applicant is a woman and she has five minor children and she has no previous history. Applicant is in jail since 29.6.2018.

Considering the fact that the applicant is a woman who has five minor children, the applicant has been able to make out a case for bail. The bail

application is allowed accordingly.

Let the applicant be enlarged on bail in the aforesaid crime on her executing a personal bond and two reliable sureties, each in the like amount, to the

satisfaction of the Magistrate/Court concerned.

It is made clear that any observation made by this Court is only for the purpose of deciding the present bail application and the same shall not be taken

into consideration at all in any other proceedings.