The High Court granted bail to the applicant Sadik in a cross-case involving injuries, observing that the use of firearm was not alleged and his release was necessary for trial.
Application allowed; accused directed to be released on bail on execution of personal bond and two reliable sureties.
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.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BAI No.1829 of 2021.doc Hon’ble R.C. Khulbe, J. Mr. Aditya Pratap Singh, learned counsel for the applicant. Mr. V.S. Rathore and Mr. Lalit Miglani, learned AGAs for the State. Mr. Parikshit Saini, learned counsel for the complainant. Accused–Sadik has sought his release on bail in connection with Case Crime/FIR No.363/2021 u/s 147, 148, 149, 323, 307, 504, 506 IPC and u/s 30 of Arms Act, registered at P.S. Kotwali Gangnahar Roorkee, District Haridwar. It is argued that the accused has been falsely implicated; he is languishing in jail since 20.05.2021; there is no evidence against him regarding under Section 307 IPC; there is no criminal history against him; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State as well as learned counsel for the complainant opposed for bail, but fairly submitted that, there is no allegation against the applicant regarding use of firearm. |
| Adm | ittedly, it is a cr | oss case in | wh | ich |
|---|---|---|---|---|
| informant | party has been | enlarged o | n b | ail; |
| although, | it is the allegatio | n that the | inju | red |
| received allegation regarding |
gunshot injuries, against the the use of firear |
but there present ap m; the acc |
is plic used |
no ant is |
| languishin criminal h conclude |
g in jail since 20.0 istory against him; the trial; thus, wi |
5.2021; ther it will take thout maki |
e is time ng a |
no to ny |
| comment this stage. The |
on the merits, it is bail application is |
a fit case for thus, allow |
bai ed a |
l at nd |
| the applic | ant is directed to be | released on | bail | on |
| his execu two reliab |
ting a personal bo le sureties, each of |
nd and fur the like am |
nish ount, |
ing to |
| the satisfa Pen disposed |
ction of the Court c ding application, of. |
oncerned. if any, |
sta | nds |
| BS | (R. 0 |
C. Khulbe, 5.10.2021 |
J.) |
1 issue framed by the court
Whether the accused Sadik is entitled to bail in a cross-case involving injuries.
Sadik
State
Complainant
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
