PRASHANT KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri R.P. Nautiyal, learned counsel for the applicant, Sri Lokendra Dobhal, Advocate for the complainant and Sri Amit Bhatt, learned Addl. G.A. for the State.

(2.) Learned counsel for the accused/applicant has argued that as per the prosecution case on the exhortation of Beer Singh, Prashant Kumar (co-accused) caused firearm injury upon Rajendra Pratap Singh on 14.08.2010 at 08:30 a.m. and F.I.R. was lodged on the same day by Mahendra Pratap Singh. Learned counsel for the applicant submitted that there was a cross case and Smt. Devwati also lodged a F.I.R. against Rajendra Pratap Singh, Ved Prakash, Vikey @ Narendra and Guddu; the case was registered against them under Sections 307, 452, 354, 323, 504 and 506 of I.P.C. and this F.I.R. was lodged on the same day i.e. 14.08.2010 at 05:15 p.m. He has further argued that F.I.R. was lodged by both the parties. He has also argued that Devwati has received ten injuries and her injury report has been filed as annexure 4 to the bail application. He further submitted that the injuries are on both the sides and at this stage it cannot be ascertained as to which of the parties is aggressor.

(3.) After hearing learned counsel for the parties and perusing the papers available on record and without expressing any opinion about the final merits of the case, the Court is of the view that the applicant deserves bail at this stage.