High CourtsSingle Bench

Kundan Koli vs State Of Uttarakhand

Uttarakhand High Court · Decided on 8 May 2023 · Citation: (2023) 05 UK CK 0024

HON’BLE JUDGES
Vivek Bharti Sharma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 307, 504 · Arms Act, 1959 — Section 4, 25
RESULT
Allowed
CASE NUMBER
First Bail Application No. 591 Of 2023
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Judgment

7 paragraphs · 202 words

Vivek Bharti Sharma, J

1.

Applicant Kundan Koli, who is in judicial custody in FIR No. 164 of 2022, under Sections 307, 504 IPC and under Sections 4/25 Arms Act, Police Station Rudrapur, District Udham Singh Nagar, has sought his release on bail.

2.

Heard learned counsel for the parties and perused the material available on file.

3.

Learned counsel for the applicant would submit that the applicant/accused is in judicial custody since 13.03.2022; injured has already been relieved from the hospital; charge sheet has already been filed; and charges have been framed; so no purpose would be served by keeping the applicant in jail during trial which is likely to take considerable time.

4.

Per contra, Mr. V.S. Rathore, AGA for the State would vehemently oppose the bail application.

5.

In the circumspection of facts, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a case for bail.

6.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹ 35,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.