Rajesh Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

Heard Mr. Kamlesh Tiwari, learned Advocate holding brief of Mr. Rajat Mittal, learned Advocate for the applicant and Mr. P.S. Bohara, learned

A.G.A. for the State of Uttarakhand.

This First Bail Application has been filed for grant of regular bail in connection with the Case Crime No. 444 of 2019 for the offences punishable

under Sections 353, 333, 307, 114 & 34 of IPC, Police Station Vikasnagar, District Dehradun.

An FIR was lodged against the applicant-accused with co-accused on 16.11.2019. According to the First Information Report, on 15.11.2019 at 9:36

P.M., the informant-Constable Nitin Kumar and Constable Manoj Kumar were on duty to check the illegal mining. They saw that a tractor-trolley was

coming from the river. The said tractor trolley was filled with illegal mining sand. The informant threw the light of his torch on the tractor and directed

to stop the tractor-trolley, in which two persons were sitting. The said tractor was being driven by the present accused/applicant. On directions to stop,

the Constable Manoj Kumar went near the tractor, upon which co-accused told the present accused to gear up the speed of tractor, therefore, the said

tractor was driven over the constable. Consequently, the Constable Manoj Kumar sustained injuries on his chest and face. The injured constable was

taken to the Hospital.

Heard learned counsel for the applicant/accused and learned counsel for the State. Perused and gone through the records.

The learned counsel for the applicant submits that the accused is an innocent person; he had been falsely implicated in this case; the FIR had been

lodged belatedly after eight hours of the alleged incident; the applicant has no criminal history; he is in the custody since 18.11.2019; the co-accused

has been granted bail.

The learned counsel for the State opposed the bail application and submits that the said tractor was driven by the applicant-accused and the incident

was committed by the applicant-accused. However, the learned counsel appearing for the State fairly concedes that the co-accused, who was the

abettor, has been bailed out.

Considering the facts and circumstances of the case and without expressing any opinion as to the merits of the case, this Court is of the view that

the applicant deserves bail at this stage.

The bail application is allowed.

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

of the concerned Court.

Let a certified copy of this order be issued to the learned counsel for the parties today itself, on payment of the prescribed charges.