Jajpal Singh vs State Of Uttarakhand

R.C. Khulbe, J

Applicant-Jajpal Singh has sought his release on bail in connection with Case Crime/FIR no.0010 of 2018 u/s 147, 148, 149, 302, 307 and 34 IPC, registered at P.S. Sitarganj, Distt. U.S. Nagar.

It is argued by learned Senior Counsel that the applicant has been falsely implicated in the offence; no offence is made out against him; in the earlier FIR lodged on 17.7.2015, applicant was not the accused and in the present FIR lodged on 7.1.2018, although his name is included but no specific role was assigned to him; according to the FIR, although the applicant was armed with Lathi/ Danda, but no injury, by blunt object, is shown to have been caused either in the post-mortem report or in the injury report; rather, all the injuries are shown to have been caused by sharp edged weapons; since the present applicant was not the accused in the previous FIR, hence he had no motive to kill Daljeet and Harbans or to cause any injury to Rajvinder Singh; moreover, the charge-sheet has been submitted and the trial is going on but the case diary is silent regarding the presence of applicant on the spot.

Per contra, learned State Counsel as well as learned Counsel appearing for the informant vehemently opposed for bail and argued that as per the CCTV footage, the present accused was present on the spot; he was assigned the same role as to the other co-accused; however, it was admitted by them that in the post-mortem report (regarding Daljeet and Harbans) and injury report (regarding Rajvinder Singh), no injury is shown to have been caused by the blunt object.

It is a matter of evidence whether the present applicant was present on the spot or not, and what role was assigned to him in commission of offence but as per the FIR, although, a general allegation is made that, the present applicant, being armed with Danda, was following the deceased and injured but the medical report is silent about the same; moreover, in the FIR, it is clear that Harjit Singh @ Kala caused injury to Daljeet and Harbans (deceased) while Tarsem Singh caused injury to Rajvinder Singh (injured) by Gandasa (a sharp edged weapon) and Prabhjot Singh @ Jota used Tamancha at the spot, however, what act was committed by the present applicant, the FIR is silent about the same.

In these circumstances, without making any comment as to the final merits, it is a fit case for bail at this stage. The bail application is thus, allowed. The applicant shall be enlarged on bail subject to fulfillment of the following conditions: -

A. He shall execute a personal bond and shall furnish two sureties, each of the like amount, to the satisfaction of the Court concerned.

B. The applicant will handover his passport, if any, to the concerned trial Court within ten days. In case, he does not have the passport, he shall swear an affidavit to this effect.

C. The applicant will not leave the territories of districts without prior permission of the Court concerned.

It is, however, clarified that the observations made above are strictly for the purpose of bail and the same shall not affect the trial proceedings in any manner whatsoever.