Yogesh Sharma @ Mooli vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Heard learned counsel for the parties.

It is a case of circumstantial evidence. During investigation it is said to have been found that co-accused Sudha Sharma with fake name "Inku" stayed in the fateful night with the deceased in Hotel Himalaya, Hardwar. She slipped from the room in the mid night. Next day deceased (Sudhir Kumar) found murdered in the room. A FIR relating to offence punishable u/s 302 IPC was lodged by the Manager of the hotel against Inku (Sudha Sharma). Learned counsel for the applicant submitted that applicant is neither named in the FIR, nor had any enmity with the deceased, nor stayed in the hotel in the night in which murder is said to have been committed.

Learned counsel for the State submitted that applicant stayed in the hotel in the name of Rakesh. But perusal of the Annex. 9 (copy of the register of the hotel) shows that the person Rakesh stayed in room no. 304 after he arrived at 8:35 P.M., on 23.04.2011. The murder had already taken place a day before. It is pleaded on behalf of the applicant that assuming for a moment that Rakesh was Yogesh, even then he had no reason to go to the hotel on the next day, with third person named Revti. As to the CCTV recording, it is pointed out that witnesses have stated it were only the Inku @ Sudha Sharma, and the deceased who were seen in the CCTV recording.

In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that the applicant deserves bail.

The bail application is allowed. Let applicant Yogesh Sharma @ Mooli be released on bail on executing personal bond, and furnishing two sureties each of the like amount to the satisfaction of the Chief Judicial Magistrate, Hardwar. (Application CRMA no. 1579 of 2011, stands disposed of).