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Judgment
9 paragraphs · 340 wordsAlok 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 Case Crime No.24 of 2023, registered at police station S.I.D.C.U.L., District Haridwar under Section 307 of the Indian Penal Code, 1860.
As per prosecution’s case, present applicant stabbed a knife in the stomach of the injured Anil Prasad on 13.01.2023 at about 21:15 hrs. First Information Report was registered at 22:40 hrs. on 13.01.2023 on a written information of the informant Sachin Pal. After completion of the investigation, charge-sheet was filed. Prosecution has examined the injured Anil Prasad (PW1).
Heard Mrs. Pushpa Joshi, learned Senior Advocate assisted by Mrs. Chetna Latwal, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.
Learned Senior Advocate contended that applicant is an innocent person. He has been implicated in the present matter. Informant is not an eye witness. Injured has not supported the case of the prosecution and he has turned hostile. Applicant is in custody since 26.01.2023. He has no criminal history and he is a permanent resident of District Muzaffarnagar, therefore, there is no chance of his absconding.
On the other hand, Mr. Pramod Tiwari, learned Brief Holder for the State, has opposed the bail application. However, he has conceded that the injured did not support the case of the prosecution.
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 applicant 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 applicant deserves bail at this stage.
The Bail Application is allowed.
Let the applicant – Sunil Kumar be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.