GURUMUKH SINGH (IN JAIL) Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Mr. S.C. Bhatt, learned counsel for the applicant, Mr. Amit Bhatt, learned Addl. GA for the State and Mr. Manav Sharrna, learned counsel for the com­plainant. As per the prosecution case, a First Information Report was lodged by Sukhmanpreet Singh on 4.8.2010 with the allegations that on 3.8.2010 the applicant Gurumukh Singh beaten Sukhmanpreet Singh and Karanveer Singh as a result of which Karanveer Singh received injuries.

(2.) LEARNED counsel for the applicant submitted that there is a cross version also and a FIR of the same incident was also lodged by the applicant-accused against the complainant's side, which was registered against them under Sec­tions 326, 504 and 506 IPC. Learned counsel for the applicant 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 an not be ascertained that which of the party is the aggressor.

(3.) AFTER considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of both the FIRs; injury reports and other papers available on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage.