Subhaan And Two Others vs State Of Uttarakhand

Alok Kumar Verma, J

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

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

According to the First Information Report, on 13.06.2023 at about 04:30 p.m., the present applicants alongwith co-accused persons entered into the house of the informant’s uncle and assaulted several persons, due to which, they received injuries.

Heard Mr. Pranav Singh, learned counsel for applicants and Mrs. Manisha Rana Singh, learned A.G.A. for State.

Mr. Pranav Singh, Advocate, contended that the applicants are innocent persons. They have been falsely implicated in the present matter. No specific roles have been assigned to the applicants. A cross FIR (FIR No.409 of 2023) was lodged by one-Afjal. Three co-accused persons of the similar role have been granted bail by this Court.

Learned counsel for the State has opposed the Bail Application orally.

Having considered the submission of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicants behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits of the case, this Court is of the view that the applicants deserve bail at this stage.

The Bail Application is allowed.

Let the applicants- Subhaan, Aasif and Irshad be released on bail on their executing personal bonds and furnishing two reliable sureties each, each in the like amount, to the satisfaction of the court concerned.