Jaipal Singh vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Jaipal Singh is in judicial custody in FIR No.141 of 2019 (Sessions Trial No.16 of 2020), under Sections 302, 307, 120-B IPC, Police Station Muni-Ki-Reti, District Tehri Garhwal. He has sought his release on bail.

According to the FIR, on 28.11.2019, at about 8:45 PM, the applicant knocked at the door of the injured Harpal Singh. When Harpal Singh opened the door, the applicant attacked him with a knife on his chest. When the deceased Rakesh reached there to save him, he was also attacked. Both were injured. Subsequently, according to the prosecution case, deceased Rakesh succumbed to injuries.

Learned counsel for the applicant would submit that there is no eye witness of the case; the alleged recovery is doubtful.

Learned State Counsel would submit that there is one injured witness Harpal Singh, who has stated as to what had happened to him and how the deceased Rakesh was attacked by the applicant with a knife. He would also submit that not only Harpal Singh, but the wife of Harpal Singh, Smt. Kamlesh, is also an eye witness. She has also stated that the injured Harpal Singh was attacked with a knife when the deceased, who had come to save Harpal Singh, succumbed to the injuries; the knife has also been recovered at the instance of the applicant.

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.

It is a case of eye witness account. The injured Harpal Singh was attacked in his house, and when the deceased Rakesh came to rescue him, he was also attacked. Unfortunately, the deceased Rakesh succumbed to the injuries.

Having considered, this Court does not see any ground, which may entitle the applicant to bail. Accordingly, the bail application deserves to be rejected.

The bail application is rejected.