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Judgment
15 paragraphs · 282 wordsRavindra Maithani, J
Applicant is in judicial custody in Case Crime No.232 of 2024, under Sections 109(1), 111, 121(2), 132, 191(3), 3(5) of Bharatiya Nyaya Sanhita,
2023 and Section 26 of the Indian Forest Act, 1927, Thana Gadarpur, 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, on 06.09.2024 at 4:00 p.m., when the Forest Officials were on patrolling duty, they spotted some persons cutting trees
illegally; when they were challenged, they opened fire. According to the FIR, named accused Gurmeet Singh/Gurmej Singh opened fire, due to which,
forest personnel sustained injuries. There are names of other accused also.
Learned counsel for the applicant would submit that the applicant is not named in the FIR; he did not open any fire; he did not cause any injury to
anyone; he was not present at the spot; he is not named in the FIR; nothing was recovered from him.
Learned State Counsel admits that the applicant is not named in the FIR and as per FIR, he did not open any fire, but he would submit that as per
instruction, the applicant was also present at the spot. Though, he admits that he did not cause any firearm injury.
Having considered, 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.