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2016 DIGILAW 75 (UTT)

HARJEET SINGH @ KALA v. STATE OF UTTARAKHAND

2016-02-18

SERVESH KUMAR GUPTA

body2016
JUDGMENT Hon’ble Servesh Kumar Gupta, J. All the three bail applications arise out of the same case crime number, hence are being considered and disposed of together by one present order. 2. Having heard learned Counsels of the parties it transpires that in the fraction ridden village quarrel cropped up on 17.07.2015, at 10:00 A.M. The First Information Report was lodged within a reasonable time on the same day at 12:15 P.M. The applicants, who have been framed along with 17 named accused persons besides 15 to 20 other persons are in detention ever since the date of arrest in July, 2015. A cross FIR was also lodged for the same quarrel foisting, as many as, 9 named persons along with 4 to 5 unnamed persons. Although one of the victims, namely, Jaimal Singh S/o Angrej Singh has lost his life on account of this quarrel, but the FIR, prima facially, do not reveal that which of the accused persons opened fire on him. That apart, it has been argued that all the accused persons are closely related to each other and residents of same village and group. 3. Learned counsel for the applicants further argued that one of the accused persons has been granted bail 05.11.2015 by the Coordinate Bench of this Court. 4. In addition to that learned counsel of the accused-applicants further argued that from their side also, two persons suffered gun shot injuries and in such type of quarrel it cannot be determined that who was the aggressor at this stage without evaluation of evidence to be deposed. 3 5. Looking to the facts and circumstance of the case, this Court is of the opinion that the applicants should be granted bail. 5. Let all the three accused-applicants, namely, Harjeet Singh @ Kala, Prabhjot Singh and Bittu alias Tejvindear Singh be enlarged on bail on furnishing a personal bond and two reliable sureties by each of the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar.