Aabid vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Aabid is in judicial custody in Case Crime No. 225 of 2024, under Section 115(2), 118(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023, P.S. Vikas Nagar, District Dehradun. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 03.07.2024, at about 06:00 in the evening, the injured along with his friend was returning to home on e-rickshaw. In the way, they were assaulted by the driver of the e-rickshaw and his friends. Thereafter, when the injured alighted from the e-rickshaw, he was again assaulted, due to which he sustained injuries on his eye.

Learned counsel for the applicant would submit that the applicant has not committed any offence; he only runs a Theli.

Learned State Counsel would submit that, according to the injured, the applicant and the co-accused attacked the injured and caused injury to him.

It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.

According to the injured, he was first assaulted by the applicant and the co-accused and when he proceeded towards his home, he was further assaulted, due to which he sustained injuries on his eye. According to the prosecution case, there was sudden fight, which ensued without any pre-plan. Who caused injury on the injured? It is also not specific. The allegations are against the applicant as well as the co-accused.

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.

The bail application is allowed.

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.