The High Court of Uttarakhand allowed bail for three accused alleging contradictions in the FIR and lack of inference for an attempt to murder under Section 307 IPC, without expressing an opinion on the final merits.
The applicants were released on bail on executing a personal bond by each and furnishing two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTION BA1 Bail Application No.911 of 2010 Order on the Bail application of accused.
CRIMINAL SIDE
Versus
State of Uttarakhand
…….Opposite party
Dated: October 20, 2010
Arising out of Case Crime No.229 of 2010 Under Sections 323/504/506/427/307/447 IPC P.S. Laksar, District Haridwar
Hon’ble Dharam Veer, J.
Heard Mr. K.S. Verma, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State.
Learned counsel for the applicants has submitted that the injuries are simple in nature and even there are contradictions in the contents of FIR and in the statement of injured recorded u/s 161 Cr.P.C. He further submitted that on the basis of contents of FIR, offence u/s 307 IPC is not made out.
After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of the FIR and other papers available on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicants deserve bail at this stage.
Let the applicants Zulfiqar, Kurban and Furkan be released on bail on executing a personal bond by each one of them and on furnishing two sureties each in the like amount to the satisfaction of CJM, Haridwar.
The bail application is allowed accordingly.
(Dharam Veer, J.) 20.10.2010
RG
1 issue framed by the court
Whether the accused accused under Sections 323/504/506/427/307/447 IPC be granted bail at this stage.
Zulfiqar
Kurban
Furkan
State of Uttarakhand
Dharam Veer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
