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2019 DIGILAW 434 (UTT)

JITENDRA SINGH RAWAT @ JITTI v. STATE OF UTTARAKHAND

2019-08-08

R.C.KHULBE

body2019
JUDGMENT Hon'ble R.C. Khulbe, J. 1. Applicant Jitendra Singh Rawat @ Jitti has sought his release on bail in connection with Case Crime No.37 of 2019 (S.T. No.211/2010) under Sections 302, 201, 120-B and 34 IPC at P.S. Nehru Colony, District Dehradun. 2. This is the seventh bail application moved on behalf of the applicant. Except the second bail application, the remaining bail applications were not decided on merits. 3. In the present application, the applicant has taken the grounds that he is languishing in jail since 23.4.2010 i.e. for last more than nine years and there is no motive assigned to him in commission of crime. 4. On the other hand, learned State Counsel vehemently opposed the bail application and argued that there is a long criminal history against the applicant; and considering the gravity of offence, the applicant does not deserve bail. 5. It is a case of day light incident. Before the Trial Court, as many as 14 out of 25 prosecution witnesses have been examined, and most of them have corroborated the prosecution story. The applicant is said to have shot the fire. The firearm recovered on the pointing out of applicant along with the cartridge was sent for ballistic examination. The report has been submitted by the Central Forensic Science Laboratory, Chandigarh according to which the said cartridge had been fired through the firearm (pistol) recovered from the applicant. 6. On a careful perusal of the entire facts and circumstances of the case, I do not find any ground to enlarge the applicant on bail. The seventh bail application is, accordingly, rejected. 7. Needless to observe that the observations made hereinabove will not have any affect on the final merits of the trial.