Adil vs State Of Uttarakhand

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Ravindra Maithani, J

Applicant Adil is in judicial custody in Case Crime No.59 of 2022, under Sections 147, 148, 323, 326, 452, 307, 34 IPC, Police Station Kotwali, District Dehradun. He has sought his release on bail.

According to the FIR, on 25.01.2022, the co- accused along with some other persons entered into the house of the informant and attacked the brother Indrajeet, mother Usha and father Moti Chand, due to which they sustained serious injuries.

Heard learned counsel for the parties and perused the record.

Learned counsel for the applicant would submit that the applicant did not attack with any weapon. The role has been assigned to the co accused.

Learned State Counsel would submit that injured Usha and Moti Chand have stated that the applicant has a knife which he used to attack other injured. He would submit that injured Indrajeet has injury on his chest.

This is the stage of bail. Much of the discussion is not expected of. The discussion is being made with the caveat that any observation made in this order shall have no effect at any substantial stage of the trial.

Admittedly, the applicant is not named in the FIR. There is a knife injury on the chest of the injured Indrajeet, who has stated that he was attacked by the co-accused Hemant on his chest with a knife. Other injuries were not caused with the knife.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

The bail application is allowed.

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