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2025 DIGILAW 1170 (SC)

Gurveer Singh Alias Garry v. State of Uttarakhand

2025-05-08

N.KOTISWAR SINGH, SURYA KANT

body2025
ORDER : 1. Leave granted. 2. The appellant seeks enlargement on bail in FIR No.203/2022 dated 25.10.2022 registered at Police Station Pant Nagar, District Udham Singh Nagar under Sections 302, 147, 148, 149, 34 and 120-B IPC. As per the allegations, the appellant is the main accused, who fired gun shots on the deceased (Daljeet Singh). The allegations are that some altercation took place between the appellant and his co-accused on the one side and deceased and his brother on the other, on the occasion of Diwali on 24.10.2022. The matter was pacified but the appellant and his co-accused allegedly carried grudge against the deceased. On the fateful day, Daljeet Singh along with his brother Narendra Singh (the complainant) were proceeding to some location when the appellant and his co-accused allegedly ambushed the deceased and his companions in a premeditated manner and fired shots with his pistol on the deceased. The deceased was rushed to the hospital where he was declared dead. The appellant was arrested on 26.10.2022 and is in custody since then, except for few days when he was granted interim bail. 3. We are informed that the statements of 12 out of 32 witnesses have been recorded. 2 eye-witnesses have already deposed and the other 2 eye-witnesses are statedly gone abroad. It is not sure when they will return and depose. The scientific evidence collected during the course of investigation has also been partially produced. 4. Having heard learned senior counsel/counsel for the parties; taking into consideration the period already spent by the appellant in custody; and, the fact that conclusion of trial is likely to take some time as few witnesses will be able to depose only when they return India, the instant appeal is allowed and the appellant is directed to be released on bail, subject to his furnishing bail bonds to the satisfaction of the trial court. The appellant's passport shall be deposited in the trial court. He shall remain present on each and every date of hearing and shall fully cooperate with the ongoing trial.