High CourtsSingle Bench

Himanshu Gaur S/o Susheel Kumar Sharma vs State Of Uttarakhand

Uttarakhand High Court · Decided on 2 May 2023 · Citation: (2023) 05 UK CK 0011

HON’BLE JUDGES
Vivek Bharti Sharma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 307, 504 · Arms Act, 1959 — Section 30
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2801 Of 2022
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Judgment

7 paragraphs · 246 words

Vivek Bharti Sharma, J

1.

Applicant Himanshu Gaur, who is in judicial custody in Case Crime No. 287 of 2022, under Sections 307 & 504 of IPC and Section 30 of Arms Act, Police Station Rajpur, District Dehradun, has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

Learned counsel for the applicant would submit that the applicant/accused is languishing in jail since 13.11.2022 and the injured persons were released from the hospital on 16.11.2022. He would further submit that there is criminal history of the complainants themselves of the road rage and charge sheet has already been filed against the applicant/accused; so no purpose would be served by keeping the applicant/accused in jail during trial.

4.

On the other hand, Mr. Siddhartha Bisht, learned State Counsel vehemently opposed the bail; however, he does not dispute the fact that the applicant was arrested on 13.11.2022 and that the injured persons have been released from the hospital on 16.11.2022.

5.

Having considered the entirety of facts, without expressing any opinion as to the final merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail.

6.

The bail application is, accordingly, allowed. Let the applicant be released on bail, on furnishing bail bond with two sureties in the amount of ₹ 50,000/- each and personal bond of the like amount to the satisfaction of the learned Trial Court.