Vishal & Others vs State Of Uttarakhand

Ravindra Maithani, J

Delay in filing counter affidavit is condoned. Counter affidavit is taken on record. Delay Condonation Application IA No.1 of 2024 stands disposed of, accordingly.

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

Applicants Vishal, Vishal Kumar @ Vishal Saxena and Rahul are in judicial custody in Case Crime No.577 of 2023, under Sections 147, 148, 149, 307, 323, 427, 436, 504, 506 and 34 IPC, Police Station- Rudrapur, District- Udham Singh Nagar. They have sought their release on bail.

Heard learned counsel for the parties and perused the record.

It is argued by learned counsel for the applicants that co-accused, Vipin Diwakar, has already been granted bail by this Court; there is no specific role assigned to any of the accused, including the applicants; the role of firing has been assigned, but it is no injury case, insofar as the firing is concerned.

Learned State Counsel would submit that there are injuries, but he would submit that the offence under Section 307 IPC has been invoked for the reason that firing was done in the event, but he admits that no one was injured in the firing.

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.