Usman vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Heard.

Applicant- Usman, who is in jail in connection with Crime No. 466 of 2010, relating to offences punishable u/s 147, 148, 149 and 302/34 of I.P.C., police station Kotwali Roorkee, District Hardwar, has sought his release on bail.

Learned counsel for the applicant pleaded that from the statement of witnesses Farhan and Parvez (recorded u/s 161 of Cr.P.C.) annexed with the counter affidavit on behalf of the state, it is clear that it was co accused Abid, who fired twice shots at the deceased with the DBBL gun. On the other hand, on behalf of the complainant, it is submitted that witness Naeem in his statement u/s 161 of Cr.P.C., has given role of firing shots to the present applicant Usman also. In reply to this, learned counsel for the applicant submitted that witness Naeem is a chance witness.

Having heard learned counsel for the parties and after going through the affidavits, counter affidavits and rejoinder affidavits, without expressing any opinions as to final merits of the case, this court is of the view, that applicant deserves bail.

The Bail Application is allowed. Let the applicant-Usman, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Hardwar. (Urgency Application No. 3905 of 2011 stands disposed of).