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2015 DIGILAW 122 (UTT)

DALVEER SINGH v. STATE OF UTTARAKHAND

2015-03-09

U.C.DHYANI

body2015
JUDGMENT U.C. Dhyani, J. Applicants who are in jail in connection with FIR no. 255 of 2014, in respect of offences punishable under Sections 147, 148 149, 354, 307, 323 504, 506, 342 IPC, relating to Police Station, Bazpur, District Udham Singh Nagar, have sought their release on bail. 2. Heard learned counsel for the parties, perused the documents brought on record and considered the grounds taken up in the bail applications. 3. An FIR was lodged against eight named accused, including the applicants, for the offences punishable under Section 147, 148 149, 354, 307, 323 504, 506, 342 IPC. The incident allegedly took place on 19.10.2014, at 09:30 A.M., FIR whereof was lodged at police station, Bazpur on 20.10.2014, at 03:20 P.M. 4. It is an admitted fact that cross-FIRs were filed by the parties against each other. Members of both the sides sustained injuries. Number and nature of injuries sustained by both sides might vary, but it is also undisputed fact that civil litigation is going on between the parties, as regards a disputed land, on which such incident took place. 5. Applicant Dalveer Singh allegedly fired upon Jasvinder Kaur, which hit her finger and right forearm. Injury report suggests that both the injuries are fresh, caused by hard and blunt object and simple in nature. 6. Applicant Avtar Singh allegedly fired upon Gurmeet Singh with his gun. Gurmeet Singh is said to have sustained pellet injuries over left forearm, upper leg, upper limb, knee region, palm etc. All the injuries were simply in nature. 7. Applicant Avtar Singh is in judicial custody since 20.10.2014 and applicant Dalveer Singh is in judicial detention since 22.11.2014. 3 Considering the rival submissions, as also the aforementioned facts of the case, a case for bail is made out in favour of the present applicants. 8. The bail applications are allowed. Let the applicants be released on bail on their each executing a personal bond and furnishing two sureties, each of like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar.