Vishal vs State Of Uttarakhand

Vivek Bharti Sharma, J

Applicant Vishal, who is in judicial custody in Case Crime No.613 of 2022, under Sections 363, 34 of IPC, Police Station Kotwali Haridwar, District Haridwar, has sought his release on bail.

Heard learned counsel for the parties and perused the record available on file.

Learned counsel for the applicant would submit that there is no other evidence whatsoever against the applicant/accused except the statement of the co-accused and the alleged chat, photocopy of which is on file. He would further submit that the applicant is not named in the F.I.R.; that, he is languishing in jail since 25.12.2022; that, the co-accused person with similar role has already been granted bail by this Court vide order dated 11.05.2023; that, he has been falsely implicated in the instant crime; that, the charge sheet has been filed, therefore, no purpose would be served by keeping the applicant behind bars as there are bleak chances of conviction of the applicant/accused in the present case.

Learned counsel for the State vehemently opposed the bail application and would submit that there is website chat which makes it clear that the present applicant is involved in the instant crime. He referred to the photo of mobile showing some chats (at page no. 21 & 22). However, he admitted at Bar that the co-accused with similar role has already been granted bail by this Court.

Perusal of the same shows photo of the mobile showing some chatting of one Kunaal, however, it is not clear whether this chatting was taking place with the applicant/accused and there is no evidence placed by the State counsel to show as to on which number, the applicant/accused was chatting on whatsapp with the co-accused person. It is admitted that the co-accused Sakshi with similar role has been granted bail by this Court.

In view of the above, without expressing any opinion on the final merits of the case this Court is of the view that it is a fit case for bail and the applicant deserves to be enlarged on bail.

Accordingly, the bail application is allowed.

Let the applicant be released on bail, on furnishing bail bond with two sureties in the amount of Rs. 35,000/- and personal bond in the like amount to the satisfaction of the court concerned.