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2010 DIGILAW 305 (UTT)

GULBAHAR v. STATE OF UTTARAKHAND

2010-05-12

B.C.KANDPAL, NIRMAL YADAV

body2010
JUDGMENT Heard, Sri S.K. Agarwal, learned Senior Advocate assisted by Sri Tapan Singh, Advocate for the appellants, Sri Nandan Arya, learned A.G.A. for the State on the bail applications and perused the record. 2. On the basis of the assessment of record, it is gathered at this stage that it was Gulbahar and Kamil who fired at Aehsan on acount of which he sustained injuries and ultimately he died. 3. As far as the role attributed to Farooq, Gulzar and Suleman is concerned, the witnesses produced on behalf of the prosecution have not uttered anything that in fact they caused any vital injury either to Aehsan or to any other injured. We, therefore, direct that the appellants/applicants Farooq, Gulzar and Suleman are entitled to be released on bail at this stage. 4. As far as the case of accused/appellant Kamil is concerned, we have perused the statement of Riyasat (P.W.2) and Irshad (P.W.9). Riyasat (P.W.2) has stated that although Kamil also fired at Aehsan but he cannot say whether the fire shot by Kamil actually hit him or not. While Irshad (P.W.9) has stated that Kamil also fired at Aehsan but it did not hit him. 5. We have also perused the statement of Dr. Subhash Chand (P.W.11) who has stated that injuries No. 4 and 5 on the person of Aehsan were found to be simple in nature and he also opined that these injuries were caused by some blunt object. He also opined that injury No. 2 was caused by firearm. However, from the perusal of injury report, it appears to us that injury No. 1 is the entry wound of firearm and injury No. 2 was firearm wound of exit. We also are of the view that there was only one firearm injury on the person of Aehsan which has been specifically attributed to accused/appellant. Gulbahar who fired gunshot at Aehsan. Therefore, we are of the opinion that accused/appellant Kamil is also entitled to be released on bail at this stage, while we do not find any force in the bail application filed on behalf of accused/appellant Gulbahar. 6. Let the applicants/appellants, namely, Kamil, Gulzar, Suleman and Farooq be released on bail during the pendency of these appeals, on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of Magistrate concerned. 7. 6. Let the applicants/appellants, namely, Kamil, Gulzar, Suleman and Farooq be released on bail during the pendency of these appeals, on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of Magistrate concerned. 7. Bail applications filed on behalf of applciant/accused Gulbahar is rejected. 8. Let the copy of this order be placed in CRLA No. 36 of 2010, 37 of 2010 and 46 of 2010.