Yashpal vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No. 310 of 2023, registered at police station Mangalore, District Haridwar.

The present applicant is in judicial custody under Sections 147, 148, 323, 149, 307, 504, 506 of the Indian Penal Code, 1860.

As per the First Information Report, on 25.04.2023, at about 9:00 a.m., the present applicant along with co-accused persons assaulted the informant and his family members and opened fire.

Heard Mr. Alok Kumar, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present matter. There is no specific role assigned to the applicant in the First Information Report. Applicant is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. He is not a previous convict. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, co-accused persons of the similar role have been granted bail by the coordinate Bench of this Court.

6 Learned counsel for the State has opposed the bail application.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant- Yashpal be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.