HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.2161 of 2024 Abhishek ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Bilal Ahmed, Advocate for the applicant. Mr. Pankaj Kumar Joshi, A.G.A. for the State. With First Bail Application No.2026 of 2024 Abhishek ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Bilal Ahmed, Advocate for the applicant. Mr. Pankaj Kumar Joshi, A.G.A. for the State. Hon’ble Ravindra Maithani, J. (Oral) Since both these bail applications arise from one and the same FIR, they are decided by this common order. 2. Applicants Abhishek S/o Azad Singh and Abhishek S/o Ajab Singh are in judicial custody in Case Crime No. 538 of 2024, under Section 307, 34 IPC and Section 3, 25 of the Arms Act, 1959, Police Station Bhagwanpur, District Haridwar. They have sought their release on bail. 3. Heard learned counsel for the parties and perused the record. 2 4. According to the FIR, on 30.06.2024, at about 9:00 morning, two motorcycle borne miscreants opened fire on Tushal alias Gaurav, which hit him on his leg. 5. Learned counsel for the applicant would submit that it is no evidence case; the applicant was not identified by any witness; there is no Test Identification Parade; according to the witnesses, the miscreants had masked their faces when the incident took place. 6. Learned State counsel would submit that from a nearby vicinity footages of those suspects have been taken and those photographs were shown to the uncle of the injured, who identified them. He admits that according to the eyewitnesses, the miscreants had masked their faces 7. As per prosecution, the miscreants had masked their faces. They were not spotted in the CCTV footages. While firing, they were not apprehended. No Test Identification Parade was done. 8. Having considered the entirety of facts, this Court is of the view that it is a case fit for bail and the applicants deserve to be enlarged on bail. 9. The bail applications are allowed. 3 10. Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties by each one of them, each of the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J) 07.01.2025 Jitendra