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2024 DIGILAW 205 (UTT)

Rizwan @ Sukkha v. State of Uttarakhand

2024-03-19

RAVINDRA MAITHANI

body2024
JUDGMENT : Ravindra Maithani, J. Delay Condonation Application No. 1 of 2024 is allowed. Delay in filing counter affidavit is condoned. Counter affidavit is taken on record. 2. Applicant Rizwan @ Sukkha is in judicial custody in FIR No. 171 of 2023, under Sections 149, 302, 201 & 34 IPC, under Section 3/25 of the Arms Act, 1959, Police Station Ramnagar, District Nainital. He has sought his release on bail. 3. Heard learned counsel for the parties and perused the record. 4. On 30.04.2023, at about 5:00 in the morning, the deceased was killed in his house by fire shot. There are six persons named in the FIR. The applicant is not named. 5. Learned counsel for the applicant would submit that co-accused have already been granted bail. But, he would submit that there is one additional fact against the applicant that is recovery of country-made pistol of 315 bore. He would submit that two bullets were recovered from the dead body, but they were not fired through the country made pistol allegedly recovered from the applicant. Instead it is argued that according to the prosecution, the bullet which were recovered from the dead body were fired through from the pistol that was recovered from the co-accused Azam. It is argued that the applicant was not seen at the place of incident. He is not named in the FIR. He has no motive to commit any offence. 6. Learned State counsel would submit that a country-made pistol was recovered from the applicant and a bullet was found near the place of incident that was fired through from the pistol, which was recovered from the applicant. She would admit that the bullets that were recovered from the dead body were fired through from the pistol of the co-accused as per the Forensic Science Laboratory report. 7. Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail. 8. The bail application is allowed. 9. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.