Sagar vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Sagar is in judicial custody in Case Crime/FIR No. 345 of 2022, under Sections 307, 323, 326, 504 read with 34 IPC, Police Station Patel Nagar, District Dehradun. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 21.05.2022, the applicant and the co-accused attacked the injured Asif and Danish. In fact, a knife was stabbed on the back of Asif, which was removed after operation.

Learned counsel for the applicant would submit that the victim has not supported the prosecution case. He has not identified the applicant at the trial. He would submit that PW1, the informant is not an eyewitness.

Learned State counsel would submit that there is another witness Danish, who is yet to be examined, though he admits that the victim Asif has not supported the prosecution case at trial.

It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.

The statement of Danish, recorded under Section 161 of the Code of Criminal Procedure, 1973 reveals that, in fact, they did not know the applicant and the co-accused. According to Danish, the assailants were calling each other by their names, that is how they could named the assailants.

Having considered, 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.