High CourtsSingle Bench

Ankit & Ors. vs State Of Uttarakhand

Uttarakhand High Court · Decided on 25 November 2024 · Citation: (2024) 11 UK CK 0148

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 147, 148, 307, 323, 504, 506
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2171, 1742 Of 2024
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Judgment

10 paragraphs · 290 words

Ravindra Maithani, J

1.

Since both these bail applications arise from one and the same FIR, they are decided by this common order.

2.

Applicants are in judicial custody in FIR No. 177 of 2024, under Section 34, 147, 148, 307, 323, 504 & 506 IPC, Police Station Transit Camp, District Udham Singh Nagar. They have sought their release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR on 07.06.2024, at 11:30 p.m., when the informant alongwith his friends were returning home, on the way, the applicant alongwith co-accused looted their motorcycle and Rs.3,500/- also and abused the informant and his associates and assaulted them with lathi and danda.

4.

Learned counsel for the applicantd would submit that the prosecution is not reliable. It is false. If eight persons assault with lathi, danda and rod, there would be many injuries, but there was only one injury on the head and some tenderness. It is also argued that specific role of hitting on the head is not assigned to any of the assailants.

5.

Learned State counsel would submit that no specific role has been assigned. According to him, as per informant, the applicants and six others attacked the him with lathi, danda and rods. There was only one injury on the head and at two places tenderness.

6.

Having considered the entirety of facts, this Court is of the view that the applicants deserve to be enlarged on bail.

7.

The bail applications are allowed.

8.

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.