Gurumukh Singh vs State of Uttarakhand

Hon''ble Dharam Veer, J.—Heard Mr. S.C. Bhatt, Learned Counsel for the applicant, Mr. Amit Bhatt, learned Addl. GA for the State and Mr. Manav Sharma, Learned Counsel for the complainant. As per the prosecution case, a First Information Report was lodged by Sukhmanpreet Singh on 4.8.2010 with the allegations that on 3.8.2010 the applicant Gurumukh Singh beaten Sukhmanpreet Singh and Karanveer Singh as a result of which Karanveer Singh received injuries.

Learned Counsel for the applicant submitted that there is a cross version also and a FIR of the same incident was also lodged by the applicant-accused against the complainant''s side, which was registered against them under Sections 326, 504 and 506 Indian Penal Code. Learned Counsel for the applicant further submitted that these are the cross cases and the injuries are on both the parties i.e. on the side of complainant and accused persons and at this stage it cannot be ascertained that which of the party is the aggressor.

Learned Counsel for the complainant submitted that in respect of the FIR lodged by the applicant Gurumukh Singh, final report has been submitted by the police. But, Learned Counsel for the applicant submitted that he is not aware of this fact and the applicant has not received any notice regarding submission of the final report.

After considering all the facts and circumstances; on hearing Learned Counsel for the parties; on perusal of the contents of both the FIRs; injury reports and other papers available on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage.

Let the applicant Gurumukh Singh be released on bail on her executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Udham Singh Nagar.

The bail application is allowed accordingly.