BA1/918/2017 of Jasbeer Singh Alias Jaswant Singh Alias Jassu Vs State Of Uttarakhand

BA1 No.918 of 2017

Hon’ble V.K. Bist, J.

Mr. R.S. Sammal, Advocate with Mrs. Sarita Bisht, Advocate for the applicant.

Mr. Subhash Tyagi Bhardwaj, Deputy Advocate General for the State of Uttarakhand.

Heard learned counsel for the parties. The applicant has moved this bail application seeking regular bail in connection with F.I.R. No.75 of 2017 under section 302 I.P.C., Ramnagar, District Nainital.

Learned counsel for the applicant submits that there are two F.I.R.,s. One F.I.R. was registered by the brother of the deceased in which he has implicated all family members of the applicant whereas in the second F.I.R., which has been registered by the Forest Officer, the name of the applicant came in picture and he was the only person who was driving the tractor. He submits that in the F.I.R written by the brother of the deceased the case is that the applicant threatened the deceased and after some time deceased was hit by the tractor which was being driven by the applicant. He submits that in case threatening part is found correct, in that event the victim could have saved himself as he had knowledge of threat on his life. He submits that at most it is

case of simple rash and negligent driving. He also submits that it is case which falls under Section 304-A I.P.C., which is bailable offence.

Learned Deputy Advocate General vehemently opposed the bail application and submitted that the infact the applicant is person, who independently killed the deceased. He submitted that the statements of the forest Officials were recorded in which they have clearly stated that it was the applicant who killed the deceased by hitting by tractor. He also submitted that the statements of Government Official witnesses are reliable and cannot be ignored.

Having considered the submission of learned counsel for the parties and without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail.

Accordingly, the bail application is allowed. Let applicant Jasbeer Singh @ Jaswant be released on bail on his executing personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Magistrate concerned.

Arti

(V.K. Bist, J.) 21.09.2017