LAWS(UTN)-2023-5-39

RAFEEK Vs. STATE OF UTTARAKHAND

Decided On May 23, 2023
RAFEEK Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Delay Condonation Application IA No.1/2023 has been moved by the State for condoning the delay in filing the counter affidavit. Delay is condoned. Delay Condonation Application stands allowed. Counter affidavit is taken on record.

(2.) Applicant Rafeek, who is in jail in connection with FIR No.208 of 2022 for the offences punishable under Ss. 307, 504, 506 of IPC and Sec. 25(1b)B of Arms Act, registered at P.S. Sitarganj, District Udham Singh Nagar, has sought his release on bail.

(3.) Learned counsel for the applicant would draw attention of the Court to Annexure-2 of the bail application, which is Medical/Supplementary Report of the injured Sajid Malik and would submit that the injured was discharged from hospital on 9/6/2022 in a satisfactory condition. He would further submit that the applicant is languishing in jail since 6/6/2022; that, charge sheet has been filed; that, nothing is to be recovered from the applicant/accused and there is no possibility of tampering with the evidence or influencing the witnesses by the applicant/accused; and that, the trial is likely to take considerable time.