Allowed

Anuj Tomar Alias Ghatara v. State of Uttarakhand

Uttarakhand HC19 Nov 2019BA1/1195/2019

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the applicant sought release in a murder case. Relying on an FSL report showing weapon mismatch and inconsistent eyewitness testimony, the Court held the applicant deserving of bail and allowed the application on personal bond and sureties.

What did the court decide?

Applicant enlarged on bail on executing personal bond and furnishing two reliable sureties of like amount.

Anuj Tomar Alias Ghatara Vs State of… — Murder and Culpable Homicide | Uttarakhand HC (2019)

¶1

BAI No.1195 of 2019

¶2

Hon’ble R.C. Khulbe, J.

¶3

Mr. Aditya Singh and Mr. Karan Anand, learned counsel for the applicant. Mr. T.C. Aggarwal, leaned A.G.A. for the State.

¶4

Mr. Kailash Chandra, learned counsel holding brief of Ms. Charanjeet Kaur, learned counsel for complainant.

¶5

Heard learned counsel for the parties. Applicant- Anuj Tomar @ Ghatara has sought his release on bail in connection with Crime No. 251 of 2018, u/s 302/34 of IPC, registered at P.S. Raipur, District Dehradun.

¶6

It is argued by learned counsel for the applicant that the applicant has falsely been implicated in the crime and no offence is made out against him. Apart from that the prosecution has adduced two witnesses, but they did not support the prosecution story. It is further argued that country-made-pistol, which was recovered from the possession of the present accused and the bullet which was recovered from the body of the deceased were sent to FSL. FSL report is taken on record, which shows that the pistol marked as A-2, while bullet marked as CB-3, was not used from the pistol A-2; the applicant is languishing in jail since 18.09.2018; there is no criminal history. Apart from that the coaccused has already enlarged on bail by the Coordinate Bench of this Court vide order dated 22.05.2019.

¶7

Apart from that, as per the investigation there is only one eye witness at the spot and his statement was recorded under Section 161 Cr.P.C., but he also did not support the prosecution story.

¶8

On the other hand, learned State Counsel has opposed the bail, but

¶9

admitted that FSL report is taken on record and as per FSL report, the bullet which was recovered from the possession of the deceased, was not used from the pistol recovered from the possession of the present accused, while cartridge C-2 and C-3 which were recovered at the spot, were used from the pistol of the accused. It is further argued that, as per the post mortem report only one bullet was recovered from the body of the deceased, which was sent to the FSL, but FSL report is negative.

¶10

The weapon which was recovered from the possession of the accused and the bullet, which was recovered from the body of the deceased, were sent for FSL. The FSL report is taken on record, which shows that the bullet was not used from the weapon, which was recovered from the possession of the accused. During the investigation, this fact was come to the notice of the I.O. that Dinesh Baliyan was eye witness of the seen. He was examined under Section 161 Cr.P.C., but did not support the prosecution story.

¶11

Without making any comment as to the final merits of the case, I am of the view that the applicant deserves bail at this stage. The bail application is, accordingly, allowed.

¶12

Let the applicant- Anuj Tomar @ Ghatara be enlarged on bail on executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.

¶13

All pending applications, if any, stand disposed of accordingly.

¶14

Balwant

Anuj Tomar Alias Ghatara v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Anuj Tomar Alias Ghatara v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Major General Rajesh Datta retired Vs State Of Uttarakhand and Others

Gulam Sabir Vs State of Uttarakhand

Vijay Singh Bisht Vs State of Uttarakhand

Raju Vs State of Uttarakhand

Tajinder Kaur Alias Taji Vs State of Uttarakhand

Sachin Tomar Vs State of Uttarakhand