RASHID PEHALWAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.184 of 2023, registered at police station Sahaspur, District Dehradun. Applicant is in judicial custody under Ss. 147, 148, 153 A, 295, 323, 324, 427, 34, 120 B, 307 of the Indian Penal Code, 1860 and Sec. 7 of the Criminal Law Amendment Act, 1932.

(2.) As per the First Information Report, dtd. 15/7/2023, present applicant and one thousand other persons broke the bikes of several persons, in which several persons were injured and the idol of Shiva was broken on 14/7/2023.

(3.) Mr. Arvind Vashisth, Senior Advocate, submits that the applicant was an ex-member of Zila Panchayat, Dehradun, therefore, he has been falsely implicated in the present matter. He was not present on the spot at the time of the alleged incident. He is in judicial custody since 16/7/2023 and he is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. Some co-accused persons have been granted bail by the Trial Court and several co-accused persons have been granted anticipatory bail by this Court.