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2022 DIGILAW 369 (UTT)

Rohit Rathor Alias Billu v. State of Uttarakhand

2022-12-02

RAVINDRA MAITHANI

body2022
JUDGMENT Ravindra Maithani, J. - Applicant Rohit Rathor alias Billu is in judicial custody in FIR No.625 of 2020, under Sections 302, 120-B IPC, Police Station Rudrapur, District Udham Singh Nagar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. On 12.10.2020, the deceased Prakash Dhami was shot dead at his resident. In fact, according to the FIR, five persons reached in the house of Prakash Dhami on that date, they inquired about him. As soon as he appeared, he was shot at. It was witnessed by his mother Janki Devi, brother Manoj Dhami and one Ashish Yadav. 4. Learned counsel for the applicant would submit that there is no role against him. 5. Learned State counsel would submit that according to the Investigating Officer, a Bolero car bearing Registration No.UP05 CR 9916 (for short, 'the vehicle') was part of it to kill Prakash Dhami. The vehicle was to be stationed at Baheri. The vehicle belongs to the applicant. He would also submit that subsequently, the co-accused was arrested in the same vehicle in Delhi. 6. The Court wanted to know, as to what is the basis of the statement that as per plan, the vehicle was required to be parked near Baheri. Learned State counsel could not indicate any material for drawing this basis except to say that it is based on confessional statement of the co-accused. There is also no material to show that, in fact, the vehicle was so parked near Baheri. 7. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 8. The bail application is allowed. 9. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.