Anil And Others vs State Of Uttarakhand

Ravindra Maithani, J

Applicants Anil, Sriram and Guddu @ Kadam are in judicial custody in FIR No.109 of 2023, under Sections 147, 148, 149, 307, 323, 504 and 506 of IPC, Police Station Khanpur, District- Haridwar. They have sought their release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 15.05.2023, the applicants along with the co-accused assaulted the informant in his house. He also opened fire.

Learned counsel for the applicants would submit that earlier the applicants and their family members were beaten up by the informant and his family members, of which a report was lodged. It is also argued that it is a no injury case.

Learned State counsel would submit that it is a case of marpeet. It is also argued that the offence under section 307 IPC has been invoked because there are allegations that the applicants and the co-accused had opened fire also.

Learned counsel appearing for the informant would submit that the applicants along with other co-accused (total 14 in number) attacked the family members of the informant. Out of those 14 assailants, 12 are residents of the State of Uttar Pradesh.

The Court wanted to know from the learned State counsel as to whether the applicants are previous convicts?

Learned State counsel would submit that he has no record for it. The bail rejection order does not reveal any previous conviction of the applicants.

Having considered, this Court is of the view that it is a case fit for bail and the applicants deserve to be enlarged on bail.

The bail application is allowed.

Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties by each one of them, each of the like amount, to the satisfaction of the court concerned.