Rajendra vs State Of Uttarakhand

Alok Mahra, J

Applicant Rajendra, who is in judicial custody in connection with FIR/Case Crime No. 310 of 2025, under Sections 109(1), 115(2), 117, 351(2), 191(2), 191(3) of BNS, registered at P.S. Bazpur, District Udham Singh Nagar, has sought his release on bail.

Heard learned counsel for the parties and perused the record.

As per the prosecution case, the FIR was lodged by the wife of the injured Sartaj with the allegation that about nine persons, including the present applicant, brutally assaulted her husband on 07.08.2025 at about 10:15 pm, due to which he sustained grievous injuries. Thereafter, the injured was taken to the Government Hospital, Bazpur, and subsequently referred to a higher centre, Susheela Tiwari Medical College, Haldwani. After investigation, charge sheet was filed against seven accused persons, including the present applicant.

Learned counsel for the applicant submits that there exists political rivalry between the applicant and the complainant, and that the applicant has been falsely implicated in the case. He has further submitted that as per the statement of Dr. Parul, In-charge of the Government Hospital, Bazpur, the injured Sartaj was brought to the hospital on 08.08.2025 at 3:15 PM, which contradicts the prosecution version that he was immediately taken to the hospital on 07.08.2025 at about 10:15 PM.

Learned counsel for the applicant also submits that four co-accused have already been granted interim protection by this Court; therefore, the applicant also deserves to be enlarged on bail.

Learned State Counsel has opposed the bail application.

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.

The bail application is thus, allowed and the applicant is directed to 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.