Ankit Pal vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application, under Section 439 of the Code of Criminal Procedure, 1973, has been filed for grant of regular bail in connection with Case Crime No. 332 of 2021, registered at police station Kotwali Roorkee, District Haridwar. Charge-sheet has been filed against the present applicant under Section 306 of the Indian Penal Code, 1860.

Heard Mr. Vinod Chandra, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the State.

Mr. Vinod Chandra, Advocate, contended that the informant, mother of the deceased, has not supported the case of the prosecution under Section 161 of the Code of Criminal Procedure, 1973. Applicant is in custody since 24.02.2023. He has no criminal history, and, he is a permanent resident of District Haridwar.

Learned counsel for the State has opposed the bail application. However, he fairly conceded that the mother of the deceased, informant, has not supported the case of the prosecution, and, the applicant, husband of the deceased, has no criminal history.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Ankit Pal be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.