Furkan vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Mr. S.K. Aggarwal, Senior Advocate, assisted by Ms. Charanjeet Kaur, Advocate, present for the applicant.

Mr. B.S. Parihar, Brief Holder, present for the State.

Mr. H.C. Pathak, Advocate, present for the complainant.

Counter affidavits have been filed on behalf of the State, and on behalf of the complainant.

Rejoinder affidavit has been filed on behalf of the applicant in response to the counter affidavit filed on behalf of the complainant. Same be taken on record.

Heard.

Applicant-Furkan who is in jail in connection with crime no. 178 of 2011, relating to offences punishable u/s 147, 148, 149, 302, 307, 452, 504 IPC, read with section 34 IPC, Police Station Bhagwanpur, District Hardwar, has sought his release on bail.

Learned counsel for the applicant pointed out that from the first information report it is clear that it was Aash Mohammad who assaulted Mobin (deceased). There are six accused named in the FIR. As to the role of present applicant Furkan, from the FIR it is not clear as to whom he caused injury. On perusal of the counter affidavit filed on behalf of the complainant, it appears that Furkan caused injury to Anwar. The injury report of Anwar discloses that he suffered only one lacerated wound. It is pleaded on behalf of the applicant that regarding Furkan (applicant) it is alleged in the FIR that he was armed with knife, as such it is submitted that lacerated injury suffered by Anwar could not have been caused with the sharp edged weapon.

Having considered submissions of learned Counsel for the parties, and after going through the papers on record, without expressing any opinion as to final merits of the case, this court is of the view that the applicant deserves bail.

The bail application is allowed. Let applicant Furkan be released on bail on executing personal bond, and furnishing two sureties each of the like amount to the satisfaction of the Chief Judicial Magistrate, Hardwar.