Mansoor vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with Case Crime No.77 of 2023, registered at police station Gangnahar, Roorkee, District Haridwar under Section 307 of the Indian Penal Code, 1860.

As per the First Information Report, informant-Tamrej received a call from one Merajuddin on 29.01.2023 at around 11.00 p.m. that his (informant) brother was shot by an unknown person. The First Information Report was registered at 09.27 a.m. on 30.01.2023. Applicant was arrested on 30.01.2023. One pistol .12 bore and two live cartridges were recovered from his possession. One hollow cartridge was recovered at the instance of the applicant. After completion of the investigation, charge-sheet was filed. Informant (PW1) and Injured (PW2) have been examined by the prosecution.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Mr. Gaurav Singh, Advocate contended that the applicant, aged about 62 years, is an innocent person. He is not named in the First Information Report. Informant is not an eye witness. As per prosecution, the name of the applicant came to light in the statement of the injured-Mujammil, recorded under Section 161 of the Code of Criminal Procedure, 1973. However, the injured (PW2) did not support the case of the prosecution in his examination-in-chief. He has turned hostile. Nothing was recovered from the possession of the applicant. The alleged recoveries were planted. There was no public witness in the said recoveries. Applicant is in custody since 30.01.2023, and he has no criminal history.

On the other hand, Mr. Pramod Tiwari, Brief Holder for the State, has opposed the bail application. However, he has fairly conceded that the applicant has no criminal history and the injured has not supported the case of the prosecution.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

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