Surjeet Singh (in Jail) vs State of Uttarakhand

Dharam Veer, J.—Heard learned Counsel for the parties.

Learned Counsel for the accused applicant submitted that as per the prosecution case, Ishwar Singh, Surjeet Singh (the applicant), Kuldeep Singh and Malkeet Singh caused injuries to the complainant Balbeer Singh and his nephew Jasveer Singh @ Lari with the firearms on 13.7.2010 at 9.05 am and due to these injuries, Jasveer Singh @ Lari has died. He further argued that there are cross-cases and on 14.7.2010 at 12.30 pm, the wife of the applicant, Harbansh Kaur has also lodged an FIR against Gurmej Singh, Amarjeet Singh and Ramesh Singh with the averments that they have caused firearm injuries on 13.7.2010 at 9 am to the applicant Surjeet Singh and Ishwar Singh and Malkeet Singh and on the basis of this a case was registered as case crime No. 642/10 u/s 307, 504, 506 IPC and in the aforesaid incident, the applicant has also received six injuries. He further argued that these are the cross-cases and injuries are on the both sides and at this stage it cannot be ascertained as to which party was the aggressor.

Having heard the submissions of learned Counsel for the parties; perusal of the contents of both the FIRs, injury reports, post mortem report of the deceased Jasveer Singh @ Lari and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage.

Let the applicant Surjeet Singh 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 allowed accordingly.