Nawaj Khan vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Nawaj Khan is in judicial custody in FIR No.410 of 2022, under Sections 323, 504, 506 and 307 IPC, Police Station Kotwali Dehradun, District Dehradun. He has sought his release on bail.

Heard learned counsel for the applicant and perused the record.

According to the FIR, on 17.08.2022, in the evening, the applicant along with co-accused abused the victim, Salman, and started assaulting him. A screwdriver was inflicted on the neck of the victim, Salman, which entered near the neck and reached outside the mouth penetrating the whole inner walls.

Learned counsel for the applicant would submit that applicant has not committed any offence; it is the victim, who came inside the shop of one Abdul Raziq, where the applicant has been working; it is the victim, who assaulted the applicant and others; in that process, the applicant also sustained injuries; if any injury was inflicted on the victim that is in self defence.

Learned State Counsel would submit that, in self defence, such fatal injury on the neck, which can perforate the neck and reach out to the mouth, cannot be inflicted.

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 injured and other witnesses have supported the prosecution case. Parties have dispute earlier on that date, when the incident took place. In the evening again, the dispute arose, and in that process, according to the prosecution, the victim was attacked with a screwdriver, which passed through his neck and came out from the mouth of the victim. This is so stated by Dr. Siddhartha Gupta. There are medical reports.

The medical report of the applicant has also been referred to, which is Annexure No.2 to the bail application. The Court has perused it.

The injury on the victim is on the very vital part. Fortunately, it did not turn to be fatal.

Having considered the entirety of facts, this Court is of the view that it is not a case fit for bail. Accordingly, the bail application deserves to be rejected.

The bail application is rejected.