SANJU WALIA SUBHASH CHAND Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Mrs. Pushpa Joshi, Advocate for the applicants. Mr. Amit Bhatt, Additional Government Advocate for the State. 1. Since the incidents involved in both the aforesaid FIR No. 47/2009 and 48/2009 are co-related, which happened one after another, therefore, both the bail applications are being decided by one and common order.

(2.) Heard learned Counsel for the parties and perused the materials available on record.

(3.) In brief, the prosecution case is that on 22.8.2009 at about 9.30 pm, Kaladhungi police received an information that an altercation has took place at Punian Restaurant between Balwant Singh Kanyal and Neeraj Tiwari and their supporters. On this information, police went to the said restaurant and brought Balwant Singh Kanyal, Neeraj Harwil, Neeraj Tiwari and some other persons to Kaladhungi police station. Thereafter Balwant Singh Kanyal was shot in the compound of the police station, who was immediately taken to Haldwani for treatment but died in the way to the hospital. The FIR of the murder of Balwant Singh Kanyal was lodged by Sher singh, his brother-in-law on 23.8.2009 at 5.25 pm with PS Kotwali, Haldwani as FIR No. nil/2009 under Section 147, 148, 149, 504, 302 IPC. This case was transferred to Kaladhungi police station for investigation as the incident was related to PS Kaladhungi and it was entered into GD at PS Kaladhungi at GD rapat no. 10 at 6.15 pm on the same day.