Amrik Singh @ Mikki and Another vs State of Uttarakhand

Dharam Veer, J.—Heard Mr. SK Mandal, Advocate for the applicants, Mr. Amit Bhatt, Addl. GA for the State and Mr. Vipul Sharma, learned Counsel for the complainant.

Counter affidavits filed on behalf of State and on behalf of the complainant are taken on record.

In brief, the prosecution case is that on 5.9.2009 at about 7.15 pm, Ramandeep Kaur along with her maidservant Deepali was going from her house Haripur No. 4 to her petrol pump via Rambagh. Near the bend of Haripura No. 4, an Alto Car bearing registration No. UA06-G-8621 came behind her. Five people armed with weapons were sitting in the said car which included the accused applicants Amrik Singh @ Mikki and Resham Singh @ Bablu and the co-accused Bashit Singh @ Babbu. They suddenly stopped the car near Ramandeep Kaur and her maidservant and tried to abduct Ramandeep Kaur by pointing the weapons. On raising the alarm by Ramandeep Kaur and her maidservant, the passers-by Balvinder Singh and Preet Singh resident of same village Haripura No. 4 tried to save Ramandeep Kaur. On this, accused applicant Amrik Singh @ Mikki fired on Balvinder Singh with a tamancha with intention to kill him, but he escaped narrowly. Thereafter the accused persons fled away from the place of occurrence holding a threat that they would kill him whenever get a chance. With these averments, this FIR was lodged by Arjun Singh, husband of Ramandeep Kaur on the same day i.e. on 5.9.2009 at 8.05 pm with PS Gadarpur, which is at a distance of three kilometers from the place of occurrence.

Learned Counsel for the accused applicants argued that applicants have been falsely implicated in this case because of political rivalry and there is no evidence to connect the applicants with the alleged crime. Contrary to this, learned Addl. GA for the State argued that the Investigating Officer has collected enough evidence against the accused applicants to connect him with the said crime. Statement of Ramandeep Kaur recorded u/s 164 CrPC has also been filed as Annexure No. 5 along with the counter affidavit filed on behalf of State. In the said statement, Ramandeep Kaur has stated that on 5.9.2009 when she was going along with her maidservant Deepali for a walk, an Alto Car bearing registration No. UA06-G-8621 came across her in which five people were sitting. Barit Singh and Rajkumar and other persons came out of the said car and asked her to go along with them by holding her hand. When she refused, then they said that if she would not go with them then she would be forcibly lifted. Accused applicant Amrik Singh pointed tamancha from behind her and asked her to sit in the car and threatened that if she would not sit in the car then she would be forcibly be taken. They hurled abuses on her. When Balvinder Singh and Preet Singh resisted their action, then these miscreants fired on them. Thereafter they fled away from the place of occurrence saying that they would see them in future.

It reveals from the perusal of the aforesaid statement of Ramandeep Kaur that specific allegation has been made against the accused applicant Amrik Singh @ Mikki, who tried to abduct her with the help of his other associates.

Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR, statement of Ramandeep Kaur recorded u/s 164 CrPC and other papers available on record, the Court is of the view that a prima facie case is made out against the accused applicant Amrik Singh @ Mikki. Therefore, I do not find any ground to release him on bail. However, in her statement recorded u/s 164 CrPC, Ramandeep Kaur has not made any specific allegation against the accused applicant Resham Singh @ Bablu, who deserve bail at this stage.

Accordingly, bail application in respect of Amrik Singh @ Mikki is rejected and the bail application in respect of another accused applicant Resham Singh @ Bablu is allowed. Let Resham Singh @ Bablu be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of CJM, Udham Singh Nagar.

Bail application is disposed of accordingly.