High CourtsSingle Bench

Gaurav Chauhan vs State Of Uttarakhand

Uttarakhand High Court · Decided on 13 February 2024 · Citation: (2024) 02 UK CK 0018

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 307 · Arms Act, 1959 — Section 30
RESULT
Allowed
CASE NUMBER
Second Bail Application No. 21 Of 2024
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Judgment

10 paragraphs · 216 words

Ravindra Maithani, J

1.

Applicant Gaurav Chauhan is in judicial custody in FIR No. 105 of 2023, under Section 307 & 34 IPC and Section 30 of the Arms Act, 1959, Police Station Prem Nagar, District Dehradun. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

This is second bail application of the applicant. The first bail application was dismissed as withdrawn on 23.11.2023.

4.

According to the FIR, on 19.05.2023, at 11:30 PM, two unknown persons visited the restaurant of the informant and they fired at the wife of the informant. But, somehow fortunately, she survived.

5.

Learned counsel for the applicant would submit that the wife of the informant has already been examined as PW1. She has not supported the prosecution case at trial.

6.

These facts are admitted by the learned State counsel.

7.

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

8.

The bail application is allowed.

9.

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.