Firoz vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with First Information Report No. 570 of 2022 registered at police station Kotwali, District Dehradun. Applicant is in judicial custody under Sections 307, 323 and Section 504 of the Indian Penal Code, 1860.

Heard Mr. P.S. Saun and Mr. Nalin Saun, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Mr. P.S. Saun, Advocate, contended that the applicant has been falsely implicated in the present matter. Informant Smt. Vimla Devi (PW1) and injured Sumit Chauhan (PW2) did not support the case of the prosecution. Applicant is in custody since 04.12.2022, and, he is a permanent resident of District Dehradun.

Learned counsel for the State has fairly conceded that the informant (PW1) and injured (PW2) have not supported the case of the prosecution.

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 – Firoz 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.