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Judgment
Ravindra Maithani, J
Applicant is in judicial custody in FIR No. 517 of 2023, under Sections 307, 323, 504, 506 IPC and Section 3 (1) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“the Act”), Police Station Ramnagar, District Nainital. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 13.11.2023, at 9:30 in the evening, the applicant assaulted the wife of the informant and hit the informant on his head.
Learned counsel for the applicant submits that the FIR was lodged on 07.12.2023, which is much delayed; charge sheet was submitted against the applicant under Section 323, 325, 504, 506 IPC and Section 3 (1) (r) of the Act. It is argued that after framing of charge, charge under Section 307 IPC was also framed against the applicant.
The factual aspects have not been denied by learned State counsel.
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.