SAJID Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These Bail Applications, are heard through Video Conferencing.

(2.) These are two connected bail applications wherein, the applicants who are total three in number, have sought their bail for the offence punishable under Section 302 IPC, which has been registered against them initially by way of a FIR No.121 of 2017, dated 27.04.2017 at P.S. Bhagwanpur, District Haridwar. Later on, on submission of charge sheet, it was committed for Trial, by the Sessions Court which was registered as Sessions Trial No.168 of 2017, which is being tried by the court of IVth Additional District and Sessions Judge, Haridwar at present and is pending Trial.

(3.) The brief facts of the case are that an incident, which has chanced on 27.04.2017, and it has been alleged in the FIR that the victim Satish @ Mangey Ram, who accompanied his driver Ashok Kumar, for getting his Scorpio Car serviced, when they were engaged in the said work of getting their car serviced, in a service station on 27.04.2017, which was situated at Sikroda Road, Haallu Majra Chowk at Bhagwanpur, District Haridwar, it is contended in the FIR by the complainant that on account of some village rivalry as it has been complained of that there were certain acquisitions made by the victim/deceased as against the assailants by the victim, due to village party bandi and alleging an act of defamation being conducted by the victim in public against the complainant, it is contended that Mehtab, Wajid, Rashid and Sajid, were jointly indulged in the commission of offence of assaulting Satish @ Mange Ram, who as a consequence thereto it has resulted into his death due to the injuries suffered by him, which was alleged to have been made by Mehtab by striking blow with a hammer.