BA1/1130/2022 of LAVINDER KAUR ALIAS GOGI Vs STATE OF UVTTARAKHAND

HIGH COURT OF UTTARAKHAND AT NAINITAL

First Bail Application No. 342 of 2022

Gurdeep Kaur

….....Applicant

Versus

State of Uttarakhand

….….Opposite Party

Present:-

Mr. Amar Murti Shukla, Advocate for the applicant. Mr. V.K. Jemini, Deputy Advocate General with Ms. Meena Bisht, Brief Holder for the State.

Mr. Anand Kumar Pandey, Advocate for the informant.

With

First Bail Application No. 642 of 2022

Suraj Singh

….....Applicant

Versus

State of Uttarakhand

….….Opposite Party

With

First Bail Application No. 1130 of 2022

Lavinder Kaur @ Gogi

….....Applicant

Versus

State of Uttarakhand

….….Opposite Party

Present:-

Mr. Amar Murti Shukla, Advocate for the applicant. Mr. V.K. Jemini, Deputy Advocate General with Ms. Meena Bisht, Brief Holder for the State. Mr. Anand Kumar Pandey, Advocate for the informant.

With First Bail Application No. 1452 of 2022

Kulwant Singh

….....Applicant

Versus

State of Uttarakhand

….….Opposite Party

Present:-

Mr. S.S. Yadav, Advocate for the applicant. Mr. V.K. Jemini, Deputy Advocate General with Ms. Meena Bisht, Brief Holder for the State.

Mr. Anand Kumar Pandey, Advocate for the informant.

With

First Bail Application No. 1485 of 2022

Rajvinder Kaur

….....Applicant

Versus

State of Uttarakhand ….….Opposite Party

Present:-

Mr. R.S. Sammal, Advocate for the applicant. Mr. V.K. Jemini, Deputy Advocate General with Ms. Meena Bisht, Brief Holder for the State. Mr. Anand Kumar Pandey, Advocate for the informant.

Hon’ble Ravindra Maithani, J. (Oral)

Since all these bail applications arise from one and the same FIR, they are being decided together by this common order.

2. Applicants Gurdeep Kaur, Suraj Singh,

Lavinder alias Gogi, Kulwant Singh and Rajvinder Kaur are in judicial custody in FIR No. 305 of 2021, under Section 302, 201, 34, 120B IPC, P.S. Nanakmatta,

District Udham Singh Nagar. They have sought their release on bail.

3. Heard learned counsel for the parties and perused the record.

4. The FIR in the instant case was lodged by the applicant Rajvinder Kaur herself on 10.11.2021 at P.S. Nanakmatta, District Udham Singh Nagar. According to it, on 09.11.2021 at about 10:30 p.m., her father-in-law was asleep in the courtyard. She heard fire shot sound at that moment. When she peeped outside from the window, she found that Samar Singh, Balvinder Singh, Lakhvinder Singh aliasLakhi, Dwarika Prasad, Sundar Singh alias Madari, Jitendra Singh and Dharmendra Singh had surrounded her father-in-law. Samar Singh had country-made pistol and Lakhvinder Singh had gun. The injured was taken to hospital, but he was declared brought dead. It is the prosecution case that, in fact, with the help of Call Detail Records, one Jaswant Singh alias Jasu was apprehended and he confessed that it is the applicants, who hired him to simply injure Jageer Singh, who is the father-in-law of the applicant Rajvinder Kaur. According to the prosecution, Jaswant Singh alias

Jasu, thereafter fired at Jageer Singh; he was paid money for that. He got the weapon of offence recovered.

5. Learned counsel for the applicants would submit that there is no legally admissible evidence against the applicants, except the evidence of the co-accused.

6. The Court wanted to know from the learned State Counsel as to what is the evidence against the applicants?

7. Learned State Counsel would submit that there is statement of the co-accused Jaswant Singh, who got recovered the weapon of offence by which, according to him, he fired at the deceased Jageer Singh.

8. Having considered, this Court is of the view that it is case fit for bail and the applicants deserve to be enlarged on bail.

9. The bail applications are allowed.

10. Let the applicants Gurdeep Kaur, Suraj Singh, Lavinder alias Gogi, Kulwant Singh and Rajvinder Kaur be released on bail, on their executing personal bond and furnishing two reliable sureties, each of the like

amount, by each of them, to the satisfaction of the court concerned.

Avneet/

(Ravindra Maithani, J.) 04.08.2022