Single bench bail application under Sections 147, 148, 504, 506, 307, 302 IPC. Court disposed of the matter by granting bail, noting discrepancies in injury description but refusing to express final opinions on merits.
Released on bail on personal bond of Rs. 50,000/ and two sureties of Rs. 50,000/ each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTION
First Bail Application No. 1202 of 2013 Order on the Bail application of accused.
CRIMINAL SIDE
Narendra S/o Ishwar, R/o village Shahpur, P.S. Khanpur, District Haridwar. ………… Applicant Versus State of Uttarakhand ………..Respondent
Arising out of case crime no. 41 of 2013, Under Section 147, 148, 504, 506, 307, 302, 34 IPC Police Station Khanpur, District Haridwar.
Dated: January 15, 2014
Hon’ble V.K. Bist J.
Mrs. Pushpa Josh, Sr. Advocate with Mr. Saurabh Adhikari, Advocate for the accused/applicant.
Mr. Raman K. Sah, A.G.A. for the State.
Mr. Harshpal Sekhon, Advocate for the complainant.
Heard learned counsel for the parties and perused the record.
Learned counsel for the applicant submitted that no specific role has been assigned to the applicant. She submitted that in the Postmortem Report, punctured wound has been shown but no pointed weapon has been shown from the possession of any of the accused person. She argued that in the FIR, it has been mentioned that Raju shot fire on Mukhtiyar Singh due to which he died, but in the postmortem report firearm injury is not seen. She submits that the applicant is languishing in jail 27.06.2013.
2
Considering the submission of learned counsel for the applicant and without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail at this stage.
The bail application is allowed. Let the applicant be released on bail, on his executing personal bond of Rs. 50,000/- and furnishing two sureties, each of the like amount, to the satisfaction of the concerned Magistrate.
(V.K. Bist, J.) Vacation Judge 15.01.2014
NCM:
2 issues framed by the court
Whether the applicant deserves bail at the current stage.
Whether the discrepancy between the FIR alleging a firearm injury and the postmortem report warrants bail.
6 provisions across 1 enactments
Narendra
State of Uttarakhand
V.K. Bist
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
