JUDGMENT : U.C. Dhyani, J. 1. Since, the aforesaid bail applications arose out of the same crime number, therefore, they are being disposed of by this common order for the sake of brevity and convenience. 2. Applicants Fahaeem, Wakar and Arshad, who are in jail in connection with Case Crime No. 206 of 2016, in respect of offences punishable under Sections 147, 148, 149, 307, 323, 324, 452, 504 & 506 IPC and Section 30 Arms Act, relating to Police Station Kotwali Civil Lines Roorkee, District Haridwar have sought their release on bail. 3. Heard learned counsel for the parties, perused the documents brought on record and considered the grounds taken up in the bail application. 4. In an incident, which occurred on 21.06.2016 at 4:25 P.M., the FIR was lodged on the selfsame day at 10:05 P.M. Farookh, Arshad, Tauqir, Waqar, Fahaeem, Anus, Saifaid are named in the FIR. 5. The allegations against the accused persons are that they, in furtherance of their common object hurled abuses at the informant. Accused persons, who were armed with country made pistol and other sharp edged weapons, assaulted Aslam, Kaiser and Intezar, as a consequence of which, the victims sustained injuries. Irfan, Mukeem and Faeem came to the spot and saw the incident. All the accused persons threatened the informant with dire consequences and fled away. The first look of the incident allegedly took place at 4:24 P.M. The accused persons allegedly re-assembled after 20 minutes and committed the alleged offences. Accused Arshad was armed with the country made pistol and other two accused were allegedly armed with lathi, iron rod, sticks and sharp edged weapons. Aslam, Intezar and Kaisar were injured in the said incident. 6. Injury report of Aslam reveals that he sustained lacerated wound, muscle deep on posterior dorsal aspect of left lower thigh. He also sustained incised wound on left ear pinna. Blood was oozing out from the nose. All the injuries were cause by hard and blunt object except injury no.2 which was caused by the sharp pointed object. 7. Kesar Ali sustained an abrasion on right ear pinna, which was opined to have been caused by hard and blunt object. 8.
He also sustained incised wound on left ear pinna. Blood was oozing out from the nose. All the injuries were cause by hard and blunt object except injury no.2 which was caused by the sharp pointed object. 7. Kesar Ali sustained an abrasion on right ear pinna, which was opined to have been caused by hard and blunt object. 8. Intezar sustained lacerated wound on outer aspect of left forearm; lacerated wound on outer aspect of right ear pinna; an abraded contusion on left side back of scapular region; abraded contusion on left side of chest; multiple abrasion 4 c.m. below from the right nipple. The Medical Officer opined that all the injuries were caused by hard and blunt object. Injuries no. 3, 4, 5, 6 & 7 are simple in nature. 9. Supplementary Medical Report of Intezar suggests that injury no. 1 and 2 were caused by firearm and not caused by blunt object and are simple in nature. 10. Supplementary Medical Report of Aslam suggests that whereas injury no.1 was caused by blunt and hard object but after the report of the radiologist was received, the same was reported to have been caused by firearm, injury no.2 is simple in nature and injury no.3 is grievous in nature. 12. Supplementary Medical Report of Kesar Ali suggest that injury No.1 is caused by firearm and not by blunt object and was simple in nature. 13. Annexure No.3 shows that no bony injury was seen in the Medical Report of Aslam. 14. X-ray of injuries of all the three injured person were taken by the Medical Board and CMO submitted Supplementary Medical Reports, a reference of which has been given above. 15. There was difference in the injury reports and supplementary injury reports. The applicants were arrested on 24.06.2016. They have no previous criminal history. 16. Considering the nature of injuries, thus sustained by the injured persons, and the manner in which the prosecution has brought its story, this Court is of the opinion that applicants should be granted bail 17. The bail applications are allowed. Let the applicants be released on bail on their each executing a personal bond and furnishing two reliable sureties, each of like amount to the satisfaction of Magistrate concerned. 18.
The bail applications are allowed. Let the applicants be released on bail on their each executing a personal bond and furnishing two reliable sureties, each of like amount to the satisfaction of Magistrate concerned. 18. If at any point of time, it is found that the applicants are misusing the bail, the court concerned shall be at liberty to cancel their bail, in accordance with law.