Pawan vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of regular bail under Section 302 of the Indian Penal Code, 1860 in connection with Case Crime No. 799 of 2021, registered at police station Kotwali Haridwar, District Haridwar.

As per the prosecution, the applicant committed the murder of the informant’s son along with co-accused persons. First Information Report was registered against the present applicant and the co-accused persons on 31.10.2021. Inquest proceedings and post-mortem examination of the dead body of the deceased were conducted. Applicant was arrested. After completion of the investigation, charge-sheet was filed.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Mr. Gaurav Singh, Advocate, contended that the applicant is an innocent person. He has been falsely implicated in the present matter. Informant-Nathi Ram is not an eye witness of the said incident. According to the prosecution, Smt. Amana (PW2) and Manoj Sharma (PW3) are eye witnesses. However, they have not supported the case of the prosecution in their cross-examinations. Applicant is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he is in custody since 06.11.2021.

On the other hand, learned counsel for the State has opposed the bail application. However, he has fairly conceded that the eye witness Smt. Amana (PW2) and eye witness Manoj Sharma (PW3) did not support 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 – Pawan 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.