Ujjawal Saini & Others vs State Of Uttarakhand

Ravindra Maithani, J

Since both these bail applications arise from the same FIR, they are heard together and are being decided by this common order.

Applicants Ujjawal Saini and Rajat Saini are in judicial custody in Case Crime No.164 of 2024, Police Station- Kotwali Gangnahar, Roorkee, District- Haridwar. Applicant Ujjawal Saini is in judicial custody under Sections 307, 120-B and 34 IPC and the applicant Rajat Saini is in judicial custody under Sections 307, 120-B and 34 IPC and Section 3/25 of the Arms Act, 1959. They have sought their release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 03.04.2024, at 10:30 PM, some unknown persons fired in the house of the informant.

Learned counsel for the applicants would submit that there is no evidence against the applicants; it is a no injury case.

Learned State Counsel was required to get instructions in the matter. She, under instructions, would submit that one of the co-accused has confessed his guilt and the applicants are seen leaving a hotel just before the incident. She would also submit that all the persons, who opened the fire, had mask on their faces, but they could be identified by their clothes.

Learned counsel for the informant would submit that the applicants were inimical to the informant. They assembled in the hotel. They had a room booked. There, they left the hotel and returned to the hotel after the incident. It is argued that it is a case under Section 307 IPC.

Admittedly, it is a no injury case.

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

The bail applications are allowed.

Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the court concerned.