Maroof 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 the Case Crime No. 400 of 2023, registered at police station Bhagwanpur, District Haridwar.

The present applicant is in judicial custody under Sections 147, 148, 149, 307, 323, 325, 452, 504, 506 and Section 34 of the Indian Penal Code, 1860.

As per the First Information Report, on 13 06.2023, at about 4:30 p.m., the present applicant along with co-accused persons entered into the house of the uncle of the informant and assaulted several persons, due to which, they received injuries.

Mr. Mohd. Umar, learned counsel for the applicant and Mr. Bhaskar Joshi, learned A.G.A. for the State.

Learned counsel for the applicant contended that the applicant has been falsely implicated in the present matter. No specific role has been assigned to the applicant. A cross FIR (Case Crime No. 409 of 2023) was lodged by one Afjal. Two co-accused persons of the similar role have been granted bail by the coordinate Bench of this Court.

6 Learned counsel for the State has opposed the bail application. However, he has fairly conceded that a cross FIR has been lodged and two co-accused persons of the similar role have been granted bail by the coordinate Bench of this Court.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found 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- Maroof 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