High CourtsSingle Bench

Mohd. Aarif S/o Abdul Waheed vs State Of Uttarakhand

Uttarakhand High Court · Decided on 23 May 2023 · Citation: (2023) 05 UK CK 0075

HON’BLE JUDGES
Vivek Bharti Sharma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 307, 504, 506 · Arms Act, 1959 — Section 3, 25
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2530 Of 2023
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Judgment

7 paragraphs · 243 words

Vivek Bharti Sharma, J

1.

Applicant Mohd. Aarif, who is in jail in connection in connection with F.I.R. No.72/2021 relating to offence punishable under Sections 307, 504 and 506 of IPC and Section 3/25 of Arms Act, P.S. Pulbhatta, District Udham Singh Nagar, 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 F.I.R. was registered on 25.05.2021; that, charges were framed on 03.12.2021 but no evidence has been recorded in the trial court till date. He would further submit that the applicant is languishing in jail since 27.05.2021; that, charge sheet has been filed and there is no possibility of tampering with the evidence or influencing the witnesses by the applicant/accused; and that, the trial is likely to take considerable time.

4.

Per Contra, Mr. V.S. Rathore, A.G.A. for the State opposed the bail application, however, he does not dispute the facts as stated by counsel for the applicant.

5.

In view of the above facts, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that the applicant deserves to be enlarged on bail.

6.

Bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹ 40,000/- each and personal bond of the like amount to the satisfaction of the learned Trial Court.