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Judgment
Ravindra Maithani, J
Applicant is in judicial custody in Case Crime/FIR No. 700 of 2024, under Section 105 of the Bhartiya Nyaya Sanhita, 2023 and Section 30 of the Arms Act, 1959, Police Station Kotwali Roorkee, District Haridwar. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
The deceased in the matter is husband of the informant. According to the FIR, the husband of the informant was drunkard. He would drink with the applicant and his father and after drinking, he would lose control of himself and take fights and become violent. On multiple occasions, the informant has to change her house. FIR records that on 06.11.2024, at 7:00 in the evening, the deceased took his licensed pistol and reached to the house of the applicant where he had liquor with the father of the applicant and they had an altercation. At 10:00 late evening on the same date, when the applicant returned, an scuffle ensued between the applicant and the deceased in which a fire went of, which hit the deceased and he died.
Learned counsel for the applicant would submit that it is a case of death by an accident. There was a scuffle between the applicant and the deceased who were in a drunken state and they scuffled and a fire went of.
Learned State counsel does not dispute these factual aspects, but he would submit that there were three fires on that date.
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.