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Salim Alias Saleem vs State Of Uttarakhand

Uttarakhand High Court · Decided on 4 March 2024 · Citation: (2024) 03 UK CK 0014

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 302, 394, 411
RESULT
Allowed
CASE NUMBER
Second Bail Application No. 2 Of 2024
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Judgment

9 paragraphs · 194 words

Ravindra Maithani, J

1.

Applicant Salim alias Saleem is in judicial custody in FIR No.293 of 2020, under Sections 302, 34, 394 and 411 IPC, Police Station- Bhagwanpur, District-Haridwar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

This is the second bail application. The first bail application, being BA1 No.1600 of 2020, was rejected on 20.04.2021.

4.

It is argued by learned counsel for the applicant that after rejection of the first bail application, many witnesses have been examined; PW6-Savej, who was allegedly the eye-witness, has not supported the prosecution case at trial, and has not identified the applicant. It is also argued that co-accused, having similar role, has already been granted bail.

5.

Learned State Counsel admits this fact.

6.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

7.

The bail application is allowed.

8.

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.