Tejendra Singh vs State of Uttarakhand

Prafulla C. Pant, J.—Ms. R.S. Sammal, Advocate, with Mr. Lalit Sharma, Advocate, present for the applicant.

Mr. G.S. Sandhu, Govt. Advocate, with Mr. B.S. Parihar, Brief Holder, present for respondent State.

Mr. H.C. Pande, Advocate, with Mr. J.S. Virk, Advocate, present for the complainant.

Applicant Tejendra Singh, who is in jail in connection with F.I.R. No. 363 of 2009, relating to offences punishable u/s 147, 148, 149, 302 of I.P.C., police station Bazpur, District Udham Singh Nagar, has sought his release on bail.

Heard learned Counsel for the parties.

Co-accused Malkeet Singh and co-accused Ravindra Singh Saini have already been directed to be released on bail by this Court. Learned Counsel for the applicant submitted that no specific role has been assigned to the present applicant in the first information report. It is argued that the grounds on which the aforesaid two co-accused were granted bail, are also applicable to the present applicant. The only distinction is that the aforesaid two co-accused are said to have been armed with sharp edged weapons, while the present applicant is said to have been armed with a chain. Learned Counsel for the applicant submitted that there is no impression of chain found on the body of the deceased. On the other hand, learned Counsel for the complainant and learned Counsel for the State submitted that the injuries of peeled abrasions could have been caused by the chain.

Having considered submissions of learned Counsel for the parties, and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed.

Let the applicant Tejendra Singh be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar.