Tejpal vs State of Uttarakhand

Dharam Veer, J.—Heard Mr. M.K. Ray, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State.

Learned Counsel for the applicant submitted that on 29.3.2010 at 7:10 PM, a First Information Report was lodged against the applicant Tej Pal and co-accused Jamuna Prasad, Bhup Ram and Hori Lal with the allegations that they have caused injuries to Khirendra, Karanpal and Kanta Prasad with knife. This FIR was registered at P.S. Devarniya but as the matter was related to P.S. Kichcha, therefore, it was transferred to P.S. Kiccha and registered as FIR No. 65 of 2010 under Sections 147/148/149/308/324/323 of IPC. He further submitted that there is a cross version also in which the FIR was lodged by Jamuna Prasad at Police Station Kichcha on 30.3.2010 at 9:10 AM against Karan Pal, Khilendra, Virendra and Kanta Prasad with the allegations that on 29.3.2010 Karanpal, Khirendra, Virendra and Kanta Prasad caused injuries to Prempal, Pintu and Bhupal. He further submitted that these are the cross cases and the injuries are on both the parties i.e. on the side of complainant and accused persons and at this stage it cannot be ascertained that which of the party is the aggressor. It is further submitted that the co-accused Jamuna Prasad, Bhup Ram and Hori Lal have already been granted bail by learned Sessions Judge, Udham Singh Nagar and the present applicant is also entitled for bail on the basis of parity.

After considering all the facts and circumstances; on hearing learned Counsel for the parties; on perusal of the contents of both the FIRs; injury reports and other papers available on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage.

Let the applicant Tej Pal be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Udham Singh Nagar.

The bail application is allowed accordingly.