High CourtsSingle Bench

Amit Kashyap vs State Of Uttarakhand

Uttarakhand High Court · Decided on 6 June 2023 · Citation: (2023) 06 UK CK 0003

HON’BLE JUDGES
Vivek Bharti Sharma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 149, 307, 323, 504, 506
RESULT
Allowed
CASE NUMBER
First Bail Application No. 771 Of 2023
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Judgment

7 paragraphs · 260 words

Vivek Bharti Sharma, J

1.

Applicant Amit Kashyap, who is in judicial custody in Case Crime No.663 of 2022, under Sections 147, 148, 149, 504, 506, 307 of IPC, Police Station Kotwali Haridwar, District Haridwar, has sought his release on bail.

2.

Heard learned counsel for the parties and perused the material available on file.

3.

Learned counsel for the applicant would submit that initially the FIR was registered under Sections 323, 504, 506 IPC, but later it was converted into Sections 147, 148, 149, 307, 504 and 506 IPC; that the applicant is not named in the FIR and even after arrest of the present applicant/accused no Test Identification Parade was done to identify the present applicant/accused; that, charge sheet has been filed, however no charges are framed yet; that the alleged injured has been relieved from the hospital and he is out of danger; and that, no purpose would be served by keeping the applicant behind bars for indefinite time as the trial court is likely to take considerable time for completion.

4.

Mr. V.S. Rathore, AGA for the State opposed the bail application.

5.

In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail.

6.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹ 50,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.