BASANT KUMAR AND ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. K.S. Verma, Advocate for the applicants, Mr. Amit Bhatt, Addl. GA for the State and Mr. Parikshit Saini, Advocate for the complainant.

(2.) In brief, the prosecution story is that on 22.2.2010 at 5:30 PM, Pawan Kumar lodged a First Information Report at Reporting Outpost Pherupur, District Haridwar against the applicants and seven other co-accused with the allegations that in the morning of 22.2.2010 at about 7 AM, the applicants along with co-accused caused injuries to Prithvi Singh and when Kishan Singh, Pawan Kumar, Atri Devi, Mange Ram, Monu came for his rescue, the accused persons also caused injuries to the above-named persons. Due to the injuries received in the said incident, Prithvi Singh died.

(3.) Learned Counsel for the applicants submitted that there is a cross version also in which the FIR was got lodged by Smt. Mirta W/o Sukhveer against the accused Prithvi, Kishan, Bishan, Pawan, Sonu, Ashok and Sonu S/o Bishan alleging that they have caused injuries to accused side. He further submitted that these are the cross cases and the injuries are on both the parties i.e. on the side of complainant and accused persons and at this stage it cannot be ascertained that which of the party is the aggressor. It is further submitted that all the co-accused persons have been granted bail by the Sessions Judge, Haridwar and the present applicant is also entitled for bail on the basis of parity.