Mridul Bajpayee 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. 629 of 2022 (Sessions Trial No. 29 of 2023) registered at police station S.I.D.C.U.L, District Haridwar under Section 307 of the Indian Penal Code, 1860.

As per the First Information Report, applicant assaulted the wife of the informant on 03.12.2022 at about 8:30 p.m, in which she received grievous injuries. F.I.R was registered on 03.12.2022, at 23:00 hrs. After the completion of the investigation, charge sheet was filed. The prosecution has examined the injured Smt. Renu Devi (PW1) and the informant Rajeev Kumar (PW2), husband of the injured.

Heard Mr. Narendra Bali, learned counsel for the applicant and Mrs. Manisa Rana Singh, learned A.G.A. for the State.

Mr. Narendra Bali, Advocate submits that the applicant has been implicated in the present matter. The alleged injured and the informant have not supported the prosecution’s case. Applicant is in custody since 04.12.2022. He has no criminal history.

Learned counsel for the State has opposed the bail application. However, she has submitted that both these two witnesses turned hostile in their examination-in-chief.

Having considered the submission 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- Mridul Bajpayee 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.