Sahbaz Alias Billa & Others vs State Of Uttarakhand

Alok Kumar Verma, J

These two Bail Applications have arisen from one Case Crime No.556 of 2022 registered at police station, Jwalapur, District Haridwar under Sections 307, 364 read with Section 511 and Section 34 of the Indian Panel Code, 1860. Therefore, these two Bail Applications are being considered and decided by this common order. Record of First Bail Application No.781 of 2023 will be leading file.

As per allegations of the First Information Report, co-accused Abhishek along with 7 to 8 unknown persons tried to abduct the injured Ayush and shot him. First Information Report was registered against the co-accused Abhishek and 7 to 8 unknown persons. Charge-sheet was filed against the co-accused Abhishek and present applicants. Nirupam Bhardwaj (PW2), informant of the First Information Report and father of the injured and injured Aayus Bhardwaj (PW3) have been examined during the trial.

Heard Mr. Birendra Singh Adhikari, learned counsel for applicant in BA1 No.781 of 2023 and Mr. Arvind Vashisth, learned Senior Advocate assisted by Mr. Yatish Chandra Joshi, learned counsel holding brief of Mr. Vivek Pathak, learned counsel for applicant in BA1 No.1055 of 2023 and Mr. V.S. Rathour, learned A.G.A. for State.

Mr. Birendra Singh Adhikari, learned counsel for applicant- Sahbaz alias Billa and Mr. Arvind Vashisth, learned Senior Advocate for applicant-Kapil contended that the applicants are not named in the First Information Report. Test Identification Parade was not conducted. The names of both the applicants have come to light in the confessional statement of the co-accused Abhishek. Nirupam Bhardwaj (PW2), informant of the First Information Report and father of the injured, and, Aayus Bhardwaj (PW3), injured, have not supported the case of the prosecution. They turned hostile. Nothing was recovered from the possession of the applicants. Applicant-Sahbaz alias Billa is in custody since 16.01.2023 and applicant-Kapil is in custody since 18.01.2023. Applicants have no criminal history.

Mr. V.S. Rathour, A.G.A. for State has opposed the bail applications, however, he fairly conceded that nothing was recovered from the possession of the applicants; the name of the applicants have come into light in the confessional statement of the co-accused Abhishek; both, father of the injured and injured have not supported the case of the prosecution, and, the applicants have no criminal history.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicants 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 applicants deserve bail at this stage.

The Bail Applications are allowed.

Let the applicants-Sahbaz alias Billa and Kapil be released on bail on their executing personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.

A copy of this order be placed on the record of BA1 No.1055 of 2023.