Umar Farookh Alias Mohd. Umar & Others vs State Of Uttarakhand

Ravindra Maithani, J

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

Applicants Umar Farookh alias Mohd. Umar and Sarfaraj are in judicial custody in Case Crime/FIR No.688 of 2023 (SST No.31 of 2024), under Sections 147, 148, 149, 307, 323, 504 and 506 IPC, Police Station Manglaur, District Haridwar. They have sought their release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 13.08.2023 in the evening, the applicant Sarfaraj had an altercation with Mohabbat Ali and Hasan Ali @ Janni. The applicant Sarfaraj threatened the informant to life. On the same day at 6:45 PM, the FIR records that the applicant along with co-accused attacked with the sharp edged weapons and lathi-dandas, due to which they sustained serious injuries.

Learned counsel for the applicant would submit that it is a cross case. The FIR, in the instant case, was filed on 16.08.2023, whereas in the cross case, the FIR No.692 was filed at Police Station Manglaur on 19.08.2023. The applicants Sarfaraj and Umar Farook @ Mohd. Umar also sustained injuries on their head, which has not been explained. Co-accused have already been granted bail. The applicants were, in fact, the victim of the case, they were beaten up.

Learned counsel appearing for the informant would submit that one of the injured Hasan Ali is still in coma; he sustained serious injuries. There are CCTV footages which could see that the victims were not aggressors. It is the applicants, who were aggressors. He would submit that applicants cannot seek parity of the co-accused because the applicants have been assigned the main role.

Learned State Counsel would submit that one of the victims Hasan Ali is still serious. She admits that against the injured Hasan Ali and Mohabbat Ali @ Janni, the charge-sheet has already been submitted on the cross case. She admits that there are injuries on the head of the applicants Sarfaraj and Umar Farookh.

It is the stage of bail. Much of the discussion at this stage is not expected of. To the extent of appreciating the controversy, the matter may be examined with the caveat that any observation, made at this stage, shall have no bearing at any subsequent stage of the case.

It is a cross case. Both the applicants, admittedly sustained injuries on their head. These have not been explained by the State.

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

Both the bail application are allowed.

Let the applicants be released on bail, on their executing personal bonds and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.