BA1/1441/2021
2021 Latest Caselaw 3913 UK

                 Office Notes,
              reports, orders or
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       Date                                     COURT'S OR JUDGES'S ORDERS
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              Registrar's order
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                                   BA1 No. 1441 of 2021

                                   With

                                   BA1 No. 735 of 2021

                                   BA1 No. 1361 of 2021

                                   Hon'ble N.S. Dhanik, J.

Mrs. Prabha Naithani and Mr. Avidit Noliyal, learned counsel for the applicant.

Mr. Pramod Tiwari, learned Brief Holder for the State.

This is first bail application moved by the applicants, namely, Chaman, Hari Singh and Nepal who are in jail in connection with FIR No. 152 of 2018, offences punishable under Sections 323 & 304 IPC, registered at PS ITI, District Udham Singh Nagar.

Heard learned counsel for the parties and considered the grounds taken up in the bail application. Learned counsel for the applicant submits that applicants have falsely been implicated in the instant crime; have no previous criminal history and are languishing in jail since long. She further submits that no specific role in the FIR has been assigned to the applicants. She also submits that while convicting the other co-accused persons, the learned trial Court on the basis of findings recorded in para no. 39 of its judgment, su moto summoned the present applicants by invoking powers under Section 319 Cr.P.C. She also submits that on the alleged incident, the applicants were not present at their village. She further submits that since during the investigation no evidence could be collected against the applicants, therefore, they were not charge-sheeted and the learned trial court on the basis of oral testimony of family members of the deceased, summoned the applicants under Section 319 Cr.P.C.

Learned State Counsel as well as learned counsel for the complainant vehemently opposed the bail application by contending that there are specific allegations against the applicants. Furthermore, PW 1, PW 2, and PW 3 have fully supported the prosecution story.

I have considered the submissions of learned counsel for the parties and considering the nature of offence, I am not inclined to grant bail to the applicants, namely Chaman, Hari Singh and Nepal at this stage. The bail applications of the applicants are hereby rejected.

(N.S. Dhanik, J.) 27.09.2021 AK