BA1/1240/2016 of Mohit Vs State Of Uttarakhand

BA1 No. 1240 of 2016

U.C.Dhyani, J.

Mr. D. C. S. Rawat, Advocate, present for the

applicant.

Mr. P. S. Soun, learned Deputy Advocate

General, assisted by Mr. S. S. Adhikari, Mr. Milind Raj, Mr. Rakesh Kunwar and Ms. Farida Siddiqui, Brief Holders, present for the State/respondents no.1.

Applicant Mohit, who is in jail in connection with Case Crime No. 194 of 2016, under Sections 25 Arms Act, PS Ram Nagar, District Nainital, has sought his release on bail.

Heard learned counsel for the parties, perused the documents on record and considered the grounds taken up in the bail application.

An FIR was lodged against the applicant

alleging therein that he fired upon the police party. Thereafter country made pistol was recovered from his possession. No injury was sustained by anybody, much less, by any member of the police party. Thus it is no injury case. The applicant was arrested on 15.07.2016 and since then he is in jail.

Considering the overall conspectus of things, as also the grounds taken up in the bail application, the Court is of the opinion that case of bail is made out in favour of the applicant.

Bail application is allowed. Let the applicant

be enlarged on bail on his executing personal bond and furnishing two reliablesureties of the like amount to the satisfaction of the Magistrate concerned.

If at any point of time, it is found that the applicant is misusing the bail, learned court below shall be at liberty to cancel his bail in accordance with law.

(U.C.Dhyani, J.)

06.09.2016

Kaushal