Mohd. Salik 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.87 of 2023 (Sessions Trial No.110 of 2023), registered at police station Cantt, District Dehradun.

Applicant is in judicial custody under Sections 376, 417, 419, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860.

Heard Mr. Sandeep Tandon, learned counsel with Ms. Kavita Singh, learned counsel for the applicant and Mr. Akshay Latwal, learned Brief Holder for the State.

Mr. Sandeep Tandon, Advocate, contended that the applicant has been implicated in the present matter. He is an innocent person. Informant/ alleged victim (PW1) and her younger sister (PW2) did not support the case of the prosecution and they have turned hostile. Applicant is in custody since 17.06.2023. He is a permanent resident of District Bijnor (Uttar Pradesh), therefore, there is no chance of his absconding, and, he has no criminal history.

Learned counsel for the State has opposed the bail application. However, he has fairly conceded that the informant/ victim and her younger sister have 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 – Mohd. Salik 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.