Gaurav vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Gaurav is in judicial custody in FIR No.0471 of 2023, under Section 307 IPC, Police Station-SIDCUL, District- Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, 26.08.2023, there was an altercation between Rachit and the informant, in which Rachit fired at the informant, which hit him on his leg. The FIR records that Rachit had earlier also threatened the informant to life.

Learned counsel for the applicant would submit that the applicant has no role; he is not named in the FIR; according to the FIR, he was not present at the time of incident; he did not fire at the informant.

Learned State Counsel would submit that no objections, as such, is to be filed. The bail application may be disposed of based on the material available. He would also submit that, according to the bail rejection order, a country made pistol and two live cartridges were recovered from the applicant.

The applicant is not named in the FIR. He did not fire at the informant; he is not in custody for recovery of any firearms. In fact, learned counsel for the applicant would submit that Para 5 of the bail rejection order, at one stage, records that the firearms were recovered from the applicant, but, subsequently, it records that nothing was recovered from the applicant.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

The bail application is allowed.

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