Research › Search › Judgment

Uttarakhand High Court · body

2015 DIGILAW 240 (UTT)

ALI SHER v. STATE OF UTTARAKHAND

2015-05-15

SUDHANSHU DHULIA

body2015
JUDGMENT : Hon’ble Sudhanshu Dhulia, J. Heard Mr. Abhishek Verma, learned counsel for the applicant, Mr. V.S. Pal, learned Brief Holder for the State, Mr. Parikshit Saini, learned counsel for the complainant and perused the record. 2. The applicant is in jail being implicated in Case Crime No. 128 of 2014, which has been registered under Sections 147/148/149/452/323/504/506 and 307 of I.P.C. at Police Station Pathri, District Haridwar. 3. From the averments made in the First Information Report, it is clear that the incident happened at the spur of moment, as there was some dispute regarding flying of kites by the children of the village. There are allegations that a group of persons (more than five persons) armed with weapons, such as, Saria, Kulhari, Tabal and firearm entered the house of the injured. In the First Information Report as well as the statement given by the informant before the police, though the present applicant has been shown, but apart from that he has not been assigned any role, such as, carrying weapon or of any assault. For the first time, it has come in the statement given by the injured persons to the police under Section 161 of Cr.P.C., after a period of one month of the incident. According to the complainant the role has been assigned to the applicant not only by the informant in his later statement but also by two injured witnesses, namely, Sehnazar and Sehnawaz. Their statements earlier could not be recorded, as they were in no position to give a statement, since they were hospitalized. It has also pointed out to this Court that the learned Single Judge of this Court has already refused the grant bail to another co-accused, namely, Alijan. However, for Alijan the main role has been assigned. 4. Considering the facts and circumstances of the case as well as the role assigned to the present applicant, the applicant has been able to make out a case for bail. The bail application is accordingly allowed. 5. Let the applicant (Ali Sher) be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties of the equal amount to the satisfaction of the Magistrate concerned. 6. It is made clear that any observations made by this Court are only for the purposes of grant of bail. 5. Let the applicant (Ali Sher) be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties of the equal amount to the satisfaction of the Magistrate concerned. 6. It is made clear that any observations made by this Court are only for the purposes of grant of bail. It shall not be taken into consideration at all in any other proceedings.