Shamim Alias Chotu vs State Of Uttarakhand
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Uttarakhand High Court

Shamim Alias Chotu vs State Of Uttarakhand on 21 February, 2024

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                        21st FEBRUARY, 2024
        SECOND BAIL APPLICATION No. 264 of 2023


Shamim alias Chotu                                     .....Applicant

                                Versus
State of Uttarakhand.                                 .....Respondent

Counsel for the Applicant         :       Mr. Arvind Vashistha,
                                          Senior Advocate, assisted
                                          by Ms. Nidhi Thapa,
                                          Advocate

Counsel for the State                :     Mr. M.K. Chand,
                                           A.G.A.


Hon'ble Alok Kumar Verma,J.

The present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No. 28 of 2023, registered at police station Cantt, District Dehradun.

2. The First Bail Application (No. 1376 of 2023) was dismissed as withdrawn on 21.08.2023.

3. The Applicant-Shamim @ Chotu is in judicial custody under Section 307 read with Section 34 and Sections 333, 353 of the Indian Penal Code, 1860.

4. On 26.02.2023, the injured Constable Manoj informed the Constable Deepak over phone that the present applicant and co-accused persons were going by a tractor to do mining from the river. He has stopped them. The police party found Constable Manoj lying on the ground. He was admitted to the hospital. He had grievous head injury and his leg was fractured.

5. Heard Mr. Arvind Vashistha, learned Senior Advocate, assisted by Ms. Nidhi Thapa, learned counsel for applicant and Mr. M.K. Chand, learned A.G.A. for State.

6. Mr. Arvind Vashistha, learned Senior Advocate contended that the applicant has been falsely implicated in this matter. He was arrested on 27.02.2023. The charge- sheet was not filed within the prescribed period of 60 days. Therefore, the applicant moved an application under Section 167(2) of the Code of Criminal Procedure, 1973. The learned IInd Additional Chief Judicial Magistrate, Dehradun rejected the said Application on the ground that the maximum sentence under Section 307 is life imprisonment, therefore, the time for filing the charge- sheet is 90 days.

7. Mr. Arvind Vashistha, learned Senior Advocate, further contended that the charge-sheet should be filed within 60 days. In support of his contention, he has relied upon an order dated 12.04.2019 passed by the coordinate Bench in First Bail Application No. 367 of 2019. The co- ordinate Bench has placed reliance on the judgment of the Hon'ble Supreme Court in the case of "Rakesh Kumar Paul Vs. State of Assam, (2017) 15 SCC 67".

8. Mr. Arvind Vashistha, learned Senior Advocate submitted that, now, charge-sheet has been filed, therefore, there is no chance of tampering with the evidence, and, the applicant is a permanent resident of District Dehradun, therefore, there is no likelihood of his absconding.

9. Mr. M.K. Chand, learned A.G.A. for the State has opposed the bail application. However, he has fairly

conceded that the charge-sheet was filed after 60 days from the date of arrest of the applicant.

10. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

11. The Bail Application is allowed.

12. Let the applicant- Shamim alias Chotu be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions:-

i) Applicant shall attend the Trial court regularly and shall not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

13. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the bail.

___________________ ALOK KUMAR VERMA, J.

Dated: 21st FEBRUARY, 2024 Ujjwal