Talib vs State Of Uttarakhand

Ravindra Maithani, J

Delay Condonation Application No. 1 of 2024 is allowed. Delay in filing the counter affidavit is condoned. Counter affidavit is taken on record.

Applicant Talib is in judicial custody in FIR/Case Crime No. 90 of 2023, under Section 307, 34 IPC and Section 3/25 of the Arms Act, 1959, Police Station Khanpur, District Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 05.04.2023, two persons opened fire on the police and ran away. They were subsequently apprehended and firearms were recovered from them. One of them is the applicant.

Learned counsel for the applicant would submit that he was not arrested from the spot; it is no injury case.

Learned State counsel would submit that when the police was on patrolling duty, the applicant and the co-accused opened fire and they run away. Subsequently, they have been apprehended. It is argued that the applicant has a long criminal history.

Admittedly, the applicant was not arrested from the spot.

Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.

The bail application is allowed.

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.