Petitioner sought regular bail in a murder and weapons case. The court denied bail due to the nature and gravity of the offences (murder, attempt to murder) and the potential for tampering with evidence at the preliminary stage, dismissing the petition despite charges not being framed.
Petition for bail dismissed. No bail granted.
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Petitioner-Jugraj Singh, has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.4 dated 19.01.2016, registered at Police Station Beas, District Amritsar, under Sections 302, 307, 148 and 149 of the Indian Penal Code and Section 25 of the Arms Act, 1959.
Notice of motion was issued. Learned State counsel appeared and contested the instant petition.
I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record.
From the record, I find that as per allegations two persons armed with pistol came on motorcycle. The pillion rider of the said motorcycle, caught hold the brother of the complainant namely Gurpreet Singh alias Kaka and fired a shot from his pistol on his brother, which hit on
Rajesh Kumar 2017.08.05 13:07 his right side of neck. It is further stated that the brother of the complainant I attest to the accuracy and authenticity of this document Chandigarh
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caught hold the assailant and during scuffle, accidently pistol released the fire shot hitting on the left side of back of that person. The other person namely Mani, to whom the complainant was already knowing, also fired a shot from his pistol which hit on the left thigh of the assailant. As per the allegations, the petitioner has been named by the co-accused and lalkara has been attributed to him.
Moreover, the charges have not been framed yet and the case is at preliminary stage. Therefore, there is every change of tempering with the evidence, if the petitioner is released on bail.
Keeping in view the facts and circumstances of the present case, nature and gravity of the offence and the stage of the case, I do not find it a fit case where the petitioner is entitled to benefit of regular bail.
Therefore, finding no merit in the instant petition, the same is dismissed at this stage.
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Rajesh Kumar 2017.08.05 13:07 I attest to the accuracy and authenticity of this document Chandigarh
2 issues framed by the court
Whether the petitioner is entitled to the benefit of regular bail given the gravity of the offence and the preliminary stage of the case
Whether the allegations attract a change of tempering with evidence necessitating denial of bail
3 provisions across 3 enactments
Jugraj Singh
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
