DEEWAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard. Learned Counsel for the applicant submitted that the incident in question relates to a mob reaction on Haldwani Kaladhungi Motor Road near Chakluva, to the murder of one Balwant Singh Kanyal, Block Pramukh, Kotabagh (within the premises of police station, Kaladhungi).

(2.) Learned Counsel for the applicant pleaded that the present applicant is not named in the FIR. It is further pleaded that in the video CD/photographs produced in the court, present applicant is not specifically shown in action. It is further submitted that whatever incident took place was the result of a sudden provocation and without any intention or motive and no specific action has been shown by the prosecution against the present accused applicant. It is also submitted that co-accused Lal Singh Saini and Kapil Kanyal @ Chotu have been granted bail vide order dated 18.2.2010 passed by this Court and the applicant is also entitled for bail on the basis of parity. It is further submitted that the applicant has got no previous criminal history and he is in jail since last eight months.

(3.) Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; footage of video CD/photographs produced in the Court; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage.