Mohit @ Monu vs @Hash State Of Uttarakhand

Sharad Kumar Sharma, J

(Via video conferencing)

The applicant is shown to be an accused for the commission of the offences under Sections 302, 34 and 201 of IPC, which was registered at Police

Station Buggawala, District Haridwar, on 25.02.2020, as FIR No.11 of 2020.

On the basis of the aforesaid registration of the FIR against the other co-accused persons who were named therein, the present applicant was later

on chargesheeted on 25.02.2020, because in the initial Charge-Sheet No.15 of 2020, which was filed on 09.05.2020, there was no charge found to be

established, and framed, as against the present applicant, except the fact that he was found to be seen with the other co-accused persons, who were

named in the FIR. It was later on, the name of the applicant was included in the charge-sheet and the trial has commenced against him.

During the pendency of the trial, when the applicant was languishing in jail ever since 15.05.2020, the applicant had developed certain medical

complications. Therefore, this Court called for a medical report from the Jail Superintendent, and who has submitted a report that as per the Medical

Officers, report of the Government Hospital, it was found that the applicant was detected as HIV positive and it has been argued that owing to the

ailment and its further aggravation, the applicant is in a very pathetic condition, which requires an immediate medical treatment.

Though this may not be an exclusive reason to consider the bail application of the applicant, because even otherwise also the report shows that the

applicant is being treated in the Doon Hospital. Be that as it may, exclusively on the ground that since the applicant’s name has been reflected

during the course of the investigation, after the submission of the first charge-sheet on 09.05.2020 as against the other co-accused persons, and since

the applicant has not been named in the FIR and no specific role has been assigned to him, except the fact that he was shown to be accompanied with

the co-accused persons in a car, which was detected from a CCTV footage. That in itself, as far as this opinion of this court tentatively cannot be

exclusively taken as to be a specific case to infer the applicant’s involvement in the commission of the offences.

Accordingly, the present bail application is allowed. The applicant is directed to be released on bail subject to furnishing of his personal bonds and

two reliable sureties, each of the like amount to the satisfaction of the Magistrate concerned.

However it is made clear, that whatsoever reason has been assigned by this Court in today’s order are exclusively only for the purposes of

considering the bail application only, any reasoning are purely tentative in nature, and would not prejudice the minds of the trial court, while conducting

the trial that has to be proceeded independently.