High CourtsSingle Bench

Arun Kumar And Another vs State Of Uttarakhand

Uttarakhand High Court · Decided on 22 May 2023 · Citation: (2023) 05 UK CK 0058

HON’BLE JUDGES
Vivek Bharti Sharma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 307, 323, 354, 452, 504, 506
RESULT
Allowed
CASE NUMBER
First Bail Application No. 547 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

7 paragraphs · 243 words

Vivek Bharti Sharma, J

1.

Applicants Arun Kumar and Rahul Kumar, who are in judicial custody in FIR/Case Crime No.290 of 2022, under Sections 147, 323, 354, 452, 307, 504, 506 of IPC, Police Station Kunda, District Udham Singh Nagar, have sought their release on bail.

2.

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

3.

Learned counsel for the applicants would submit that the applicants/accused are languishing in jail since 23.11.2022; that, though Section 307 IPC has been added during investigation, however, the nature of injury is only grievous as the prosecution case is that there is a fracture in forearm of one of the injured and others have sustained simple injuries; that, the injured have been relieved from the hospital; that, the charge sheet has been filed.

4.

Ms. Manisha Rana Singh, AGA for the State opposed the bail application, however, she does not dispute the fact that nature of injury is grievous and not dangerous to life.

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.

Bail applications are, accordingly, allowed. Let the applicants be released on furnishing bail bonds with two sureties, by each one of them, in the amount of ₹ 40,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.