IMPORTANT POINT
The court established that bail can be granted even in serious cases if the applicant demonstrates a lack of direct involvement and if there are no substantial grounds for continued detention.

JUDGMENT :

Alok Kumar Verma, J.

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.991 of 2022, registered at Kotwali Laksar, District Haridwar.

2. Present applicant is in judicial custody under Sections 307, 332, 333, 336, 353, 420, 398 and Section 120B of the Indian Penal Code, 1860.

3. The case of the prosecution is that the informant, Constable Surendra Sharma, was present with Constable Pancham Prakash in the area of his police station. They received an information that some unknown persons were roaming near Durga Mandir over bridge, Laksar. Three suspicious persons were seen at around 17:15 hrs. on 16.10.2022. An attempt was made to interrogate them. One of them opened fire at them. Meanwhile, two unknown persons reached the spot. Constable Pancham Prakash had received gunshot injury on his leg. All the said five persons managed to escape from the spot. The First Information Report was registered against the unknown persons. Upon conclusion of the investigation, a charge-sheet was filed.

4. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Sandeep Sharma, learned Brief Holder for the State.

5. Mr. Gaurav Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. He is an innocent person. He was not named in the First Information Report. The name of the present applicant came to light in the confessional statements of the co-accused - Naushad. Test Identification Parade has not been conducted. Applicant is not a previous convict. He is in custody since 19.07.2023. He is a permanent resident of District Saharanpur (Uttar Pradesh), therefore, there is no possibility of his absconding. Co-accused persons of similar role have already been granted bail by this Court, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

6. Learned counsel for the State has opposed the bail application.

7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

8. The Bail Application is allowed.

9. Let the applicant – Javed 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 court concerned with the following conditions:-

(i) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

10. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the court for cancellation of bail.