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2023 DIGILAW 635 (UTT)

Gurjeet Singh alias Gurjant Singh alias Janta Singh v. State of Uttarakhand

2023-11-21

ALOK KUMAR VERMA

body2023
JUDGMENT : (Alok Kumar Verma, J.) Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.631 of 2022, registered at police station Kashipur, District Udham Singh Nagar. 2. Applicant-Gurjeet Singh alias Gurjant Singh alias Janta Singh is in judicial custody under Section 302 and Section 120B of the Indian Penal Code, 1860. 3. The case of the prosecution is that on 13.10.2022, at around 8:20 a.m., the informant’s uncle Mahal Singh was reading the newspaper at his house. Two unknown persons came on a motorcycle and opened fire, due to which, Mahal Singh died on the spot. Six to seven days before the said incident, Mahal Singh received a phone call from Harjeet Singh (co-accused) from Canada. He was demanding money from Mahal Singh. Harjeet Singh threatened to kill Mahal Singh for not giving the money. 4. The First Information Report was registered on 13.10.2022 at 23:09 hrs against Harjeet Singh. On conclusion of the investigation, charge-sheet was filed against the present applicant and co-accused persons. 5. Mr. S.R.S. Gill, Advocate, appearing for the applicant, contended that the applicant is not named in the First Information Report. The case of the prosecution is that the applicant helped his brother Prabhjot Singh alias Pannu, a co-accused, in purchasing the motorcycle which was used in the alleged crime and the prosecution has relied upon a receipt which shows that the motorcycle was sold by one Jarnail Singh to Prabhjot Singh alias Pannu and one sign in bracket is shown of Janta Singh (present applicant) to connect the applicant with the alleged crime. Applicant was neither present at the time of purchasing the said motorcycle nor is his signature on the said receipt. Apart from the said receipt, there is no other evidence with the prosecution to connect the applicant with the alleged crime. He has been falsely implicated in the present matter only on the basis of the statements of the co-accused persons and on the basis that he is the real brother of the co-accused Prabhjot Singh alias Pannu. There was no motive for the applicant to commit the said crime. He has no criminal history. He is in custody since 17.04.2023. He is a permanent resident of District Udham Singh Nagar, therefore, there is no likelihood of his absconding. There was no motive for the applicant to commit the said crime. He has no criminal history. He is in custody since 17.04.2023. He is a permanent resident of District Udham Singh Nagar, therefore, there is no likelihood of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, the co-accused Sukhdev Singh Bajva has already been granted bail by this Court. 6. Mr. Aditya Singh, Advocate appearing for informant has opposed the bail application. He has submitted that two killers, namely, Sadhu Singh and Manpreet Singh were arrested. They were interrogated. They stated that Janta (present applicant) had supplied food for them. The present applicant talked twice to Jarnail Singh, the seller of the motorcycle, and negotiated with him to buy a Honda Shine motorcycle. He refused to give his voice sample. Applicant has a direct role in facilitating the crime. 7. Mr. M.K. Chand, learned A.G.A. has opposed the bail application. However, he has fairly conceded that the Jarnail Singh, the seller of the motorcycle, has stated in his statement, recorded under Section 161 of the Code of Criminal Procedure, 1973, that he himself mentioned the name of Janta (present applicant) in the receipt. 8. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage. 9. The Bail Application is allowed. 10. Let the applicant- Gurjeet Singh alias Gurjant Singh alias Janta Singh be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions:- i) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment; ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case. 11. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, prosecution will be free to move the court for cancellation of bail.