Gajendra Singh Rawat & Another vs State Of Uttarakhand

Ravindra Maithani, J

Applicants Gajendra Singh Rawat and Mahendra Singh Rawat @ Monu Rawat are in judicial custody in FIR No.20 of 2022, under Section 394, 323 and 504 of IPC, and Section 3 (1) (r), 3 (1) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“the Act”), P.S. Chaukhutiya, District Almora. They have sought their release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 23.10.2022, at 8 late in the evening when the informant was returning to his house, he was attacked, assaulted and looted by the applicants.

Learned counsel for the applicants would submit that there is a lot of improvisation after filing of the FIR.

Learned counsel for the State would submit that the informant has supported the prosecution case in his statement during investigation.

The Court wanted to know from the learned State Counsel as to whether any recovery was made from the applicants? The answer to it is in negative.

The question, which would perhaps fall for scrutiny in the trial is that if the intention is of loot, whether the section 3 (1) (r) and 3 (1) (s) of the Act would be applicable?

Having considered, this Court is of the view that it is a case fit for bail and the applicants deserve to be enlarged on bail.

The bail application is allowed.

Let the applicants Gajendra Singh Rawat and Mahendra Singh Rawat @ Monu Rawat be enlarged on bail on their furnishing personal bond and executing two reliable sureties, by each of them, each of the like amount to the satisfaction of the court concerned.