Rahul vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Rahul is in judicial custody, in FIR No. 28 of 2023, under Section 307 IPC, Police Station Bhimtal, District Nainital. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the applicant and the co-accused Uttam had an altercation with the injured Bhupendra Singh on 15.04.2023; in that fight, injured Bhupendra Singh became unconscious and sustained serious injuries on his person and on his head. The injured Bhupendra Singh was taken to the hospital. He was still in the hospital when the FIR was lodged on 26.04.2023.

Learned counsel for the applicant would submit that the FIR is delayed by eleven days. The first medical which was performed at the hospital records that the injuries were sustained due to “fall on the ground”. He would submit that it was not a medico legal case as per the statements of the witnesses or the doctor. It is argued that the injured had sustained injuries in Rajasthan in the month of September, 2021 and those injuries got aggravated due to fall on the ground on 15.04.2022, but a false report has been lodged after long delay. Learned counsel for the applicant has also referred to the statement of the witnesses and the medico legal reports etc. which definitely records that when the victim was taken to hospital, it was recorded that the injuries were due to “fall on the ground”.

Learned State counsel would submit that the injured has supported the prosecution case during investigation.

Admittedly, FIR is delayed by eleven days. The medical supplementary report of the Government Medical College, Haldwani records “H/O fall on ground at 10:00 PM on 15.04.2023 near Jungaliya Gaon”.

Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.