Rais Khan vs State Of Uttarakhand

Alok Mahra, J

Applicant Rais Khan, who is in judicial custody in Case Crime/ FIR No.216 of 2022, under Sections 302, 120B & 34 of IPC, registered at Police Station Cantt. District Dehradun, has sought his release on bail.

Heard learned counsel for the parties and perused the material available on record.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the instant crime; that, no specific role has been assigned to the present applicant; that, there is no direct evidence against the applicant; that, the case of the present application is only based on the circumstantial evidence and his role is different from those co-accused, whose bail applications have also been dismissed as withdrawn.

Learned counsel for the State as well as learned counsel for the complainant vehemently opposed the bail application.

Learned counsel for the State would fairly submit that this is a serious and heinous offence; that, the statements of the witnesses have been completed and now the trial is at the stage of recording the statement of accused/applicant under Section 313 Cr.P.C.

Learned counsel for the State would further submit that the Coordinate Bench of this Court vide order dated 05.09.2024 the trial court was requested to make every possible endeover to conclude the prosecution trial on day-to-day basis, therefore, the trial is likely to conclude shortly. He would further submit that the main role has been assigned to the present accused as the money was transferred on the account of his wife.

Having considered the rival submissions of counsel for respective parties, without expressing any opinion about final merits of the case before the Trial Court, in the considered view of this Court, the applicant/accused does not deserve bail at this stage.

The bail application is, accordingly, rejected.