Gurpreet Singh Alias Gopi vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Gurpreet Singh alias Gopi is in judicial custody in FIR No.123 of 2023, under Sections 304 and 34 IPC, Police Station Kelakhera, District-Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the deceased Anees had left his house on 11.09.2023, at 7:30 PM along with Rizwan. Subsequently, Anees died. Rizwan revealed that in the intervening night of 11/12.09.2023, while they were purchasing Gutka near a Dhaba, the employees of the Dhaba approached them, enquired about their identity and started assaulting them claiming that they are thieves. In that incident, it was told that Anees sustained injuries.

Learned counsel for the applicant would submit that it is not a case of killing, as such; nobody is named in the FIR; the FIR has been lodged based on hearsay evidence.

Learned State Counsel would submit that Rizwan has categorically stated about the incident and named the applicant; Rizwan is also an injured.

It is a 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 proceeding.

The incident admittedly suddenly took place when some persons suspected that Rizwan and the deceased Anees were thieves. According to the prosecution, thereafter, they were assaulted. The deceased and Rizwan sustained injuries. They were taken to hospital. Rizwan has stated that from hospital, they were referred to higher centre, but since they were under intoxication, they did not go to the higher centre, instead, they slept in the hospital premises, and in the morning, Rizwan realized that Anees is no more.

Having considered the entirety of facts, 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.