VINEET Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These two bail applications are the second bail applications for grant of regular bail to the applicants/accused persons, who have been arrested in connection with FIR No. 568 of 2017, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence punishable under Sec. 302 IPC. The first bail applications of these two applicants have been rejected by the Co-ordinate Bench of this High Court vide order dtd. 29/8/2020, passed in BA1 No. 584 of 2018, "Vineet v. State of Uttarakhand" and BA1 No. 596 of 2020 "Praveen Dhama alias Dumpy Dhama v. State of Uttarakhand" respectively.

(2.) Facts, to the limited extent, are that an FIR was lodged at 00.10 hrs. on 30/9/2017. According to the first information report, on 29/9/2017 at 08.00 p.m., when the informant Rakesh Kumar along with his brother Amendra Pal Singh alias Bittu (deceased) and his nephew Sanjeev Pal Singh was returning home on a scooty, the present applicants along with another co-accused stopped them and started firing. The informant, the deceased Amendra Pal Singh alias Bittu and Sanjeev Pal Singh tried to run away, but the applicants shot Amendra Pal Singh alias Bittu dead. The informant and Sanjeev Pal Singh had raised alarm, at which, the applicants ran away. The inquest proceedings and post-mortem of the dead body of the deceased were conducted and after completion of the investigation, the charge-sheet was filed against applicant Vineet and three co-accused persons. The charge-sheet was not filed against present applicant Praveen Dhama alias Dumpy Dhama. During the trial, on an application under Sec. 319 of the Criminal Procedure Code, 1973, the present applicant Praveen Dhama alias Dumpy Dhama was also summoned to face trial along with other co-accused persons.

(3.) Heard the learned counsel appearing for the applicants, the learned A.G.A. appearing for the State and the learned counsel for the informant.