Mursaleen v. State of Uttarakhand

Mr. Gaurav Singh and Mr. Narendra Bali, Mr. Parikshit Saini, Mr. Rajendra Singh Azad, (through V.C.) and Mr. Abhishek Srivastava, (through V.C.), learned counsel for the applicants. Mr. S.C. Dumka, learned AGA, for the State of Uttarakhand. H o n ’ b l e A sh i sh N a i t h a n i , J ( Or a l ) These four bail applicat ions are in a connect ed case and are being decided t oget her by a com m on j udgm ent .

2. Present bail applicat ions have been m oved on behalf of t he applicant s. The applicant s are present ly in j udicial cust ody in connect ion wit h Case Crim e/ FI R No.658 of 2024, regist ered at Police St at ion Kot wali Roorkee, 1 Dist rict Haridwar, under Sect ions 109, 110, 324( 2) and 61( 2) of Bhart iya Nayaya Sanhit a, 2023.

3. Heard learned counsel for t he part ies and perused t he record.

4. The allegat ions as narrat ed in t he FI R is t hat on

20.10.2024 at about 18: 00 a.m ., at Nagla I m art i Tiraha, Police St at ion Kot wali Roorkee, Dist rict Haridwar, t he applicant s, by hat ching a crim inal conspiracy, fired on soil t rader Salm an, wit h t he int ent ion t o kill, as a result of which ot her passer- by Waris got inj ured due t o t he bullet fire.

5. The learned counsel for t he applicant s subm it s t hat t he applicant s have been falsely im plicat ed in t he present case and t he FI R has been lodged against t he unknown persons. I t is subm it t ed t hat assailant s wore m ask due t o which t heir ident it y cannot be recognized. I t is also subm it t ed t hat applicant Nit ish Kum ar was grant ed bail by learned t rial court on 13.11.2024. Learned counsel for t he applicant s furt her subm it t ed t hat t here is no independent wit ness of t he incident , t hus t he applicant s are ent it led for bail.

6. On t he ot her hand, bail applicat ions have been st rongly opposed by learned Addit ional Governm ent Advocat e wit h t he cont ent ion t hat one of t he applicant s int ent ionally fired upon t he vict im , who was carrying out m ining m ud for which t hey were legally perm it t ed. Learned St at e Counsel subm it s t hat t here is evidence on record t hat one of t he assailant s ( applicant ) had fired wit h a count ry m ade pist ol t hat got st raight and it hit anot her passerby, who got inj ured and people nearby t ook him t o t he hospit al. I t is also st at ed t hat t he gun, which was used in t he alleged fire was also recovered and t here are confessional st at em ent of one of t he assailant s ( applicant - Nit ish Kum ar) whereby t he nam es of t he applicant s cam e int o light . I t is st at ed t hat if t he applicant s are enlarged on bail, t hey m ay t hreat en t he wit nesses and becom e a hindrance in t he m ud m ining act ivit ies of t he vict im s t hat t hey have been perm it t ed.

7. I t is evident at t his j unct ure t hat t he assailant s are not nam ed in t he FI R because it is report ed t hat t hey wore m asks and am ongst t hem only one fired a shot but it m issed t he t arget and accident ly a passerby got hit inst ead. As per records of t he police no ident ificat ion parade regarding ident ify of t he assailant s, t hat are not nam ed in t he FI R, was conduct ed. The applicant s Aarif @ Hakam and Hasnullah @ Hasnuj am m a, Sudhir Kum ar and Mursaleen are in j ail since 29.10.2024 and m erely on t he basis of som e confessional st at em ent s of t he co- accused, rest of t he accused have been roped in; m oreover, t he confessional st at em ent s before t he police does not hold any wat er and are not t enable as it is adm issible law of evidence before t he Court .

8. Having considered t he subm ission of learned counsel for t he part ies wit hout expressing any opinion on t he final m erit s of t he case, t his Court is of t he opinion t hat t he applicant s deserve bail at t his st age. Accordingly t he bail applicat ions are allowed.

9. Let t he applicant s- Nit ish Kum ar, Aarif @ Hakam and Hasnullah @ Hasnuj am m a, Sudhir Kum ar and Mursaleen be released on bail on t heir execut ing personal bonds and furnishing t wo reliable suret ies each of t he like am ount t o t he sat isfact ion of court concerned. ( A sh i sh N a i t h a n i , J.)

03.03.2025 Arti