MANGAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Arising out of Case Crime No. 325/2006, U/s 395, 397, 223, 224, 225, 120B IPC, PS Kotwali Roorkee, District Haridwar.

(2.) First bail application was dismissed for want of prosecution vide order dated 4.12.2009 passed by this Court. Hence, second bail application has been moved on behalf of the applicant.

(3.) In brief, the prosecution case is that Angrej Singh Mukhtyar Singh, Harjinder and Kripal Singh were in the Roorkee Jail in some offence and on the date of the incident i.e. 7.11.2006, these accused persons were being taken from Roshnabad Court, Hardwar to Roorkee Jail and when the vehicle in which these accused persons were being taken reached in between NIH Colony, Beldi Sulfar, 7-8 unknown persons had come on a Tata Sumo and they overtook the said vehicle of the accused and snatched the keys from the driver Rakam Pal and they had managed to get the accused persons namely Angrej Singh, Mukhtyar, Sonu, Harjinder and Kripal Singh rescued along with handcuffs (hathkadis) and rifles. With the same averments, the FIR was lodged on 7.11.2006 at 4.10 pm at PS Roorkee, District Hardwar by Sri Kailash Panwar, SHO, Kotwali Roorkee and a case was registered as Case Crime No. 325/06 u/s 395/397/225/224/223 IPC and u/s 29 of Police Act against 7-8 unknown persons. In the said FIR, it was also stated that behind the Tata Sumo, one Maruti Car 800 was there in which ladies were also there. Later on 5.4.2007, the police had arrested Mukhtyar Singh, Sonu singh, Ratan Kaur and Bachan Kaur from the Skylark Hotel, Nagpur. Accused Angrej Singh had tried to run away and he had also fired upon the police and in defence, the police had also fired upon him and due to the injuries of firearm, Angrej Singh had died and accused Mukhtyar Singh, Sonu Singh, Ratan Kaur and Bachan Kaur were sent to jail in the instant case.