Monti 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. 310 of 2023, registered at police station Kotwali Manglour, District Haridwar.

Present Applicant is in judicial custody under Sections 147, 148, 149, 323, 307, 504, Section 506 of the Indian Penal Code, 1860 and Section 25(1B)(a) of the Arms Act, 1959.

According to the First Information Report, on 25. 04.2023, at about 9:00 a.m., the present applicant along with co-accused persons assaulted the informant and his family members and opened fire.

Heard Mr. Gaurav Singh, learned counsel for applicant (through video conferencing) and Mr. Bhaskar Joshi, learned A.G.A. for State.

Mr. Gaurav Singh, Advocate, contended that the applicant has been implicated in the present matter. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. He does not have any criminal antecedents. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Co-accused persons of the similar role have been granted bail by this Court, and, the applicant is in custody since 10.05.2023.

Mr. Bhaskar Joshi, learned A.G.A. has opposed the bail application orally.

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 –Monti 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.