Vikash Gupta vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Vikash Pandey is in judicial custody in FIR No. 483 of 2022, under Sections 147, 148, 149, 307 IPC, Police Station Rudrapur, District Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 29.07.2022, at about 8:30 PM, the applicant and the co-accused assaulted Anil and other injured. It is the prosecution case that it is the applicant who fired at the injured Rinku, which hit him. He was taken to hospital. There were injuries on another person named Anil also.

Learned counsel for the applicant would submit that the co-accused have already been granted bail. He would submit that there are a lot of contradictions in the statement of the witnesses. Medical reports are not from the Government Hospital. One of the injured Shankar Lal was taken to the Government Hospital, but he has not produced any document with regard to his treatment.

Learned State counsel would submit that it is the applicant who fired at the injured Rinku, which hit him.

It is true that the co-accused Ajay Gupta and Anil Gupta have already been granted bail. But, the court has noted that they were assigned the role of pelting stones alone. It is the statements of Anil Kumar, injured and Rinku Kumar, injured which reveal that it is applicant, who fired at Rinku Kumar, which hit him. He was taken to hospital. There are injury reports.

Having considered, this Court is of the view that there is no ground to enlarge the applicant on bail. Accordingly, the bail application deserves to be rejected.

The bail application is rejected.