High CourtsSingle Bench

Sakib Javed vs State Of Uttarakhand

Uttarakhand High Court · Decided on 4 May 2023 · Citation: (2023) 05 UK CK 0018

HON’BLE JUDGES
Vivek Bharti Sharma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 149, 307, 325, 326, 341, 427, 504, 506
RESULT
Allowed
CASE NUMBER
First Bail Application No. 280 Of 2023
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Judgment

7 paragraphs · 232 words

Vivek Bharti Sharma, J

1.

Applicant Sakib Javed, who is in judicial custody in Case Crime No. 670 of 2022, under Sections 147, 148, 149, 427, 307, 325, 326, 341, 504, 506 IPC, Police Station Patel Nagar, District Dehradun, has sought his release on bail.

2.

Heard learned counsel for the parties and perused the material available on file.

3.

Learned counsel for the applicant would submit that the applicant/accused has been falsely implicated in the case; there is no evidence against him during the investigation and till date; charge sheet has already been filed and; applicant is languishing in jail since 19.10.2022.

4.

Per contra, Mr. Dinesh Chauhan, Brief Holder for the State would vehemently oppose the bail application, but admitted that the prosecution witness Mohd Moosa has not stated the name of the applicant/accused and even the victim Rasid Rao has simply stated that the person involved in this scuffle was taking the name of the applicant.

5.

Having considered the entirety of facts, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a case for bail.

6.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹ 30,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.