HABIB Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant- Habib is in judicial custody for the offence punishable under Sec. 302 read with Sec. 34 and Sec. 120B of the Indian Penal Code, 1860 in Case Crime No.509 of 2023 (Sessions Trial No.64 of 2024), registered at Police Station Jaspur, District Udham Singh Nagar.

(2.) Heard Mr. Vikas Kumar Guglani, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

(3.) Mr. Vikas Kumar Guglani, Advocate, contended that the applicant was not involved in the said offence. The sole eye-witness of the alleged incident, namely, Anas (PW2) has not supported the case of the prosecution. Applicant has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, he is in custody since 22/12/2023.