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Judgment
Alok Kumar Verma, J
Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No.339 of 2022, registered at Police Station Khatima, District Udham Singh Nagar. Applicant is in judicial custody for the offence under Sections 323, 324, 307, 504, 506 of the Indian Penal Code, 1860 and Section 4 read with Section 25 of the Arms Act, 1959.
Heard Mr. Deep Prakash Bhatt, learned counsel for applicant and Mrs. Manisha Rana Singh, learned A.G.A. assisted by Mrs. Shewali Joshi, learned Brief Holder for State.
Mr. Deep Prakash Bhatt, Advocate, has submitted that Anwar (PW2), the informant of the First Information Report, and, the injured Mohd. Shadab (PW2) have not supported the case of the prosecution. They turned hostile. Applicant is a permanent resident of District Udham Singh Nagar. He is in custody since 15.12.2022 and he has no criminal history.
Mrs. Manisha Rana Singh, A.G.A. for State opposed the bail application. However, she fairly conceded that the informant and the injured did not support the prosecution’s case and the applicant has no criminal history.
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-Tribhuvan Singh Bisht alias Minku Bisht 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.
