Moeen vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant – Moeen is in judicial custody for the offence under Sections 109(1), 115(2), 191(2), 351(3), 352 and Section 74 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.268 of 2024, registered at Police Station Vikasnagar, District Dehradun.

According to the First Information Report, Afzal, husband of the informant, received injuries in the incident occurred on 22.08.2024.

Heard Mr. Ankur Sharma, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the State.

Mr. Ankur Sharma, Advocate, submitted that the applicant has been falsely implicated in the present matter. In Criminal Writ Petition (WPCRL No.1431 of 2024), filed under Article 226 of the Constitution of India, a compounding application has been filed. The informant and the alleged injured filed their affidavits dated 15.12.2024 in the said petition. They submitted in their affidavits that “the allegations made in the first information report are totally false and frivolous”. Applicant has no criminal antecedents. He is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding. The charge-sheet has already been filed against the applicant, therefore, there is no chance of tampering with the evidence. Co-accused Babar and Mohd. Kaif have already been granted anticipatory bail by this Court, and, the applicant is in judicial custody since 28.10.2024.

Mr. G.S. Sandhu, learned Additional Advocate General for the State has opposed the bail application.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, 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 – Moeen 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.