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Judgment
12 paragraphs · 368 wordsRavindra Maithani, J
Applicant is in judicial custody in FIR No. 624 of 2024, under Section 310 (3), 115 (2), 61 (2), 317 (3) of the Bhartiya Nyaya Sanhita, 2013, Police Station Laksar, District Haridwar. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, the deceased has some dispute with the co-accused Amrish with regard to land. On 02.07.2024, at about 2:00 in the midnight, the deceased visited his plot with Prashant when according to the FIR, he was attacked by the applicant and the co-accused. Due to which, he died and Prashant also sustained some injuries.
Learned counsel for the applicant submits that Prashant, who is an eyewitness has given different versions with regard to the genesis of the offence; the co-accused Rajeev and Amrish both have been granted bail; their role is similar.
Learned State counsel admits that as per the statement of Prashant, the role of the applicant and the co-accused is similar. But, she submits that from the possession of the applicant, one mobile phone belonging to the deceased has been recovered.
Learned counsel for the informant submits that the role of the applicant is not similar to that of the co-accused.
It is the stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.
Witness Prashant has stated about the role of the applicant and the co-accused Amrish and Rajeet. The role is similar. The co-accused have already been granted bail. One additional factor has been stated that the mobile phone of the deceased was recovered from the applicant.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
The bail application is allowed.
Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.