High CourtsSingle Bench

Sadik vs State Of Uttarakhand

Uttarakhand High Court · Decided on 16 January 2024 · Citation: (2024) 01 UK CK 0091

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 147, 148, 149, 307, 323, 325, 452, 504, 506
RESULT
Allowed
CASE NUMBER
First Bail Application No. 88 Of 2024
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Judgment

10 paragraphs · 301 words

Alok Kumar Verma, J

1.

The present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No. 400 of 2023, registered at police station Bhagwanpur, District Haridwar.

2.

The present applicant is in judicial custody under Sections 147, 148, 149, 307, 323, 325, 452, 504, 506 and Section 34 of the Indian Penal Code, 1860.

3.

As per the First Information Report, on 13. 06.2023, at about 4:30 p.m., the present applicant along with co-accused persons entered into the house of the informant’s uncle and assaulted several persons, due to which, they received injuries.

4.

Mr. Pranav Singh, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

5.

Learned counsel for the applicant contended that the applicant is an innocent person. He has been falsely implicated in the present matter. No specific role has been assigned to the applicant. A cross FIR (FIR No. 409 of 2023) was lodged by one Afjal. Six co-accused persons of the similar role have been granted bail by this Court.

6 Learned counsel for the State has opposed the bail application orally.

7.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found 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.

8.

The Bail Application is allowed.

9.

Let the applicant – Sadik 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