Ishtkhar vs State of Uttarakhand

Prafulla C. Pant, J.—Shri Manish Arora, Advocate, present for the applicant.

Shri S.S. Adhikari, A.G.A., present for the State.

Shri T.A. Khan, Advocate, present for the complainant.

Applicant-Ishtkhar, who is in jail in connection with crime No. 253 of 2010, relating to offence punishable u/s 307 IPC, P.S. Bhagwanpur, District Haridwar, has sought his release on bail.

Heard learned Counsel for the parties.

The applicant is not named in the FIR. It is pointed out from the injury report dated 10.10.2010, that the injured was taken to hospital by her husband (applicant). From the statement (Annex. 4) to the bail application, said to have been recorded by the Investigating Officer on 13.10.2010, it appears that even on that day the injured did not name the applicant as the person who inflicted the injury. However, on subsequent examination she has named her husband as one of the assailants.

In the above circumstances, without expressing any opinion 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 Ishtkhar be released on bail on executing personal bond, and furnishing two sureties each of like amount to the satisfaction of the Judicial Magistrate, Roorkee. (Urgency application No. 2042 of 2011, stands disposed of).