GURUMEET SINGH ALIAS KARAN SINGH Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-4-16
HIGH COURT OF UTTARAKHAND
Decided on April 03,2012

GURUMEET SINGH @ KARAN SINGH Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

U.C.Dhyani, J. - (1.) HEARD learned counsel for the applicant and learned AGA for the State.
(2.) AN FIR was lodged by Ram Pratap against three accused persons Gurumeet Singh son of Jagtar Singh, Gurumeet Singh son of Bishan Singh (present applicant ) and Prem Singh son of Bishan Singh at Police Station Dineshpur, district Udham Singh Nagar on 24.09.2011 regarding the offences punishable under Sections 392/394/307/411/506 IPC. The occurrence was alleged to have taken place on 24.09.2011 between 7:30 pm to 9:15 pm and the FIR was lodged on the same day at 10:40 pm. According to FIR, when the informant was going to see off his relatives, accused persons (who were known to him) met him. They were armed with country-made pistols. They looted a mobile phone and a cash of Rs. 4000/-. Informant came back to his village. He informed villages. Accused person Gurumeet Singh son of Jagtar Singh was apprehended on the same night with the help of villagers. Other accused fled away. The villagers also complained that some unknown persons tried to loot mobile and cash from them. Accused persons fired on the villagers. Gurumeet Singh son of Jagtar Singh sustained injuries. Learned AGA submitted that a country-made pistol and a cash of Rs. 440/- was recovered from the possession of Gurumeet Singh alias Karan Singh son of Vishan Singh (present applicant).
(3.) LEARNED counsel for the applicant, on the other hand, argued that co-accused Gurummeet Singh was enlarged on bail by learned Sessions Judge, Udham Singh Nagar on 10.01.2012 (it was on presentation of disability certificate by accused Gurumeet Singh). It was also submitted on behalf of present applicant Gurumeet Singh @ Karan Singh that description of looted currency is not given in FIR and the alleged recovered amount is petty amount, which can be easily available with anybody. LEARNED counsel further submitted the co-accused Prem Singh has been ordered to be enlarged on bail by this Court vide order dated 23.03.2012. The applicant is in jail since 30.09.2011. In paragraph 10 of the affidavit filed in support of the bail application it has been stated that applicant has no previous criminal history. Considering the above aspects but without expressing any opinion on the merit of the case, present applicant too deserves bail on the ground of parity.;


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