SEVA RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. KS Verma, Advocate for the applicant, Mr. Manish Arora, Advocate for the complainant and Mr. Amit Bhatt, Addl. GA for the State.

(2.) Learned Counsel for the accused applicant argued that the alleged incident happened on 12.4.2010 at 9 am and FIR was lodged against the applicant Seva Ram and the co-accused Neeshu and five other unknown persons. He further submitted that there is a cross- version of the incident and the accused applicant, his wife Phulwati and son Nitin have also received the injuries in the said incident and an FIR of the said incident has also been lodged by Phulwati, wife of the applicant and on the basis of that FIR, case under Section 147, 148, 452/34, 323, 504, 506 IPC has been registered against Biram Saini, Ramesh Saini, Bija Saini, Chandrapal, Kuwarpal, Sonu Saini, Sanjay Saini, Munni, Usha, Kavita, Arti, Parmila, Babeeta, Sanjogita, Sonia and Somwati. He further submitted that both the parties have received the injuries and at this stage it cannot be ascertained as to which party was aggressor.

(3.) Having heard the submissions of learned Counsel for the parties; perusal of the contents of the instant FIR, cross FIR lodged by Phulwati, wife of the applicant; injury reports of both sides and other papers available on record; 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.