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Judgment
8 paragraphs · 237 wordsVivek Bharti Sharma, J
Applicant Prakash Singh, who is in judicial custody in FIR/Case Crime No.0031 of 2023, under Sections 307, 452, 324, 504 of IPC, Police Station Berinaag, District Pithoragarh, has sought his release on bail.
This is the second bail application moved by the applicant/accused. First bail application was dismissed as withdrawn vide order dated 06.10.2023.
Heard learned counsel for the parties and perused the material available on file.
Learned counsel for the applicant/accused would submit that the applicant is innocent and has been falsely implicated in the instant crime; that, as per prosecution story the alleged incident had taken place in the house of the complainant, however, there is not a single eyewitness of the incident; that, the applicant/accused is in jail since 11.08.2023 and the trial is likely to take considerable time.
Learned State Counsel would vehemently oppose the bail application but he would admit that the trial is yet not started.
In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail at this stage.
The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹35,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.