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Jagminder Singh vs. State

Final Order
Court:High Court of Uttarakhand
Judge:Hon'ble Dharam Veer
Case Status:Disposed
Order Date:2 Jan 2008
CNR:UKHC010091652007

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble Hon'Ble Mr. Justice Dharam Veer

Listed On:

2 Jan 2008

Order Text

Dated: Nainital: the 2nd day of January, 2008

(1) Criminal Bail Application No. 1492 of 2007 Order on the Bail Application of accused.

CRIMINAL SIDE

    1. Nirbhay Singh @ Nitu S/o Sri Jagminder Singh, R/o Resham Majri, P.O. Khas, P.S. Doiwala, Dehradun
    1. Gurmeet Singh S/o Sri Jagminder Singh R/o Resham Majri, P.O. Khas, P.S. Doiwala, Dehradun

….Applicants (In Jail)

Versus

State of Uttarakhand

…….Opposite Party

(2) Criminal Bail Application No. 1493 of 2007 Order on the Bail Application of accused. CRIMINAL SIDE

Jagminder Singh S/o Sri Jagat Singh,

R/o Resham Majri, Police Station Doiwala, Dehradun

….Applicant (In Jail)

State of Uttarakhand

…….Opposite Party

(3) Criminal Bail Application No. 1454 of 2007 Order on the Bail Application of accused.

CRIMINAL SIDE

  1. Mohd. Islam S/o Sri Yusuf R/o Fatehpur Tanda, P.S. Doiwala, Dehradun

Versus

  1. Nayab Singh S/o Jagminder Singh R/o Resham Majri, P.O. Khas, P.S. Doiwala, Dehradun

….Applicants (In Jail)

Versus

State of Uttarakhand

…….Opposite Party Arising out of Case Crime No. 213 of 2007, U/s 147/148/149/307/504/506 I.P.C. P.S. Doiwala, Distt Dehradun

Hon'ble Dharam Veer, J.

Heard Sri T.A. Khan, learned counsel for the applicants and Sri Harish Pujari, learned Addl. G.A. for the State as well as Sri Rakesh Thapliyal, learned counsel for the complainant.

In brief the prosecution case is that on 6.11.2007 at about 12-12:30 P.M., the applicants Nirbhay Singh, Gurmeet Singh, Jagminder Singh, Nayab Singh and Mohd. Islam had caused injuries with Dandas and Sariyas to Gurmeet Kaur, Balbeer Kaur, Jagir Kaur and Amandeep Kaur. With the same averments, the FIR was lodged on 6.11.2007 at 4:40 P.M. at P.S. Doiwala, Distt. Dehradun by Renjeet Singh. Learned counsel for the applicants submitted that it has not been specifically

mentioned in the FIR that which of the applicant was armed with Danda and which of the applicant was armed with Sariya. He further submitted that four persons have received the injuries in the above said incident and all the injuries except injury no. 1 of Gurmeet Kaur, injury no.2 of Balbeer Kaur and injury no.4 of Jageer Kaur, which were kept under observation were simple in nature. Learned Addl. G.A. has submitted that with regard to the injuries, which were kept under observation, no supplementary injury repot was prepared. Learned counsel for the applicants submitted that since no supplementary injury report was prepared, hence the injuries, which were kept under observation, were also simple in nature. Learned counsel for the complainant also submitted that there is apprehension of further quarrel between the parties if the applicants are released on bail.

After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, the Court is of the view that the present applicants deserve bail at this stage.

Let applicants Nirbhay Singh @ Nitu, Gurmeet Singh, Jagminder Singh, Nayab Singh and Mohd. Islam be released on bail on each of them executing personal bonds and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Dehradun.

All the bail application are disposed of accordingly.

(Dharam Veer, J.)

January 2, 2008 Rajeev Dang

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