Naushad 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 First Information Report No.991 of 2022, registered at police station Laksar, District Haridwar. Applicant is in judicial custody under Sections 307, 332, 333, 336, 353, 420, 398 and Section 120B of the Indian Penal Code, 1860.

As per First Information Report dated 16.10.2022, informant Constable Surendra Sharma was present with Constable Pancham Prakash in the area of his police station on 16.10.2022. They got an information that some unknown persons are roaming near Durga Mandir Over Bridge, Laksar. Three suspicious persons were seen at around 17:15 hrs. An attempt was made to interrogate them. One of the unidentified persons fired at them. Meanwhile, two other unknown persons reached the spot. In this incident, Constable Pancham Prakash was shot in his leg. All the said five persons managed to escape from the spot.

Heard Mr. Lalit Sharma, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned AGA for the State.

Mr. Lalit Sharma, Advocate, contended that the applicant has not been named in the First Information Report. Test Identification Parade was not conducted. The name of the applicant has come to light in the confessional statements of the co-accused persons. Applicant is in custody since 14.11.2022. He is not a previous convict. He is a permanent resident of District Meerut, therefore, there is no chance of his absconding, and, the charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mrs. Manisha Rana Singh, learned AGA for the State has opposed the bail application. However, she has submitted that the Test Identification Parade was not conducted and the name of the applicant has come to light in the confessional statements of the co-accused persons.

The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

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 – Naushad 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 with the following conditions :-

i) Applicant shall attend the trial court regularly and he will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, Prosecution will be free to move the court for cancellation of bail.