Decided on December 24,2012

State of Uttarakhand and another Respondents


- (1.) This Court has rendered hearing to learned counsel for the applicant, learned counsel on behalf of respondent no. 2 and also to learned Brief Holder for the State.
(2.) Brief facts of the case are that an incident occurred on 08.10.2012 at 08.00 p.m. in village Pratappur in front of house of applicant Nirmal Singh, so he lodged an FIR on 08.10.2012 itself at 09.25 p.m. promptly within one and half hour of the incident against Sohan Singh, Jarnail Singh, Karamveer Singh, Palvinder Singh and Amnendra Singh under Section 147, 148, 452, 323, 504, 506 IPC by covering a distance of 2.5 km. between police station and place of occurrence. In the incident, there are as many as six injured persons namely Manjeet Singh, Jogendra Singh, Jagjeet Singh, Jasveer, Rajpreet Singh and Aman Deep Kaur. Soon after the lodging of First Information Report, considering the seriousness of injuries of aforementioned six persons, Section 307 of IPC was enhanced. This Court does not want to burden this short judgment by mentioning the injury reports of all these six persons but feels it sufficient to hold that all these six persons received serious injuries on the vital parts of their bodies viz. forehead and parietal region.
(3.) Accused Sohan Singh and others rushed up to this Court by way of filing WPCRL Nos. 991 and 992 of 2012 seeking arrest stay but taking note of the injuries inflicted on the victims both petitions were found bereft of merits and the same were dismissed at the threshold. One of the accused persons namely Amrendra Singh surrendered in the court of Magistrate and his bail application was rejected upto the Court of Session for all the offences including Section 307 IPC. Then, he moved bail application no. 1368 of 2012 before this Court and the Court held that looking to the seriousness of the injuries caused to several persons by the accused in the alleged beating, this Court was not propensus to grant bail instantly without calling counter affidavit of the State.;

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