UDAY VIRENDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This bail application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973, for grant of regular bail in connection with the First Information Report No.189 of 2019, registered with Police Station Gadarpur, District Udham Singh Nagar for the offence under Ss. 302 read with Sec. 149, 120 B IPC and Sec. 3(2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The informant Nitesh Kumar lodged an FIR against the present applicant-accused along with three named co-accused and some unknown persons. According to the First Information Report, the informant is a member of the Scheduled Caste. His father purchased a land, measuring 1.5 acres from one Janardan Dubey, Tarkeshwar Dubey and Hari Krishna Dubey. The said land was in the possession of the informant up to the year, 2018. The said land is lying vacant since the year, 2019. The co-accused Manoj Dubey was having enmity with the informant due to the land dispute. The co-accused Manoj Dubey used to threaten to kill him and his two brothers. The said co-accused always abused them using caste indicating words. The younger brother of the informant, namely, Mayank, was posted as a Constable in the Police Station Madhav Tanda, District Pilibhit, Uttar Pradesh. He had come home on leave. On 13/8/2019, the informant and his brother Mayank went to Gadarpur for their personal work. They reached Khalsa Dhaba for settling their land dispute. Mayank went inside the Dhaba. The informant was standing outside. He heard the sound of the gunshots. He went inside the Dhaba and saw that his brother Mayank was lying on the ground drenched in blood. At that time, three persons had run away from inside the Dhaba. The co-accused Manoj Dubey along with the present applicant shot and killed his brother Mayank at around 8:30 hrs.

(3.) The FIR was registered at 8:30 hrs. on 13/8/2019. After investigation, the charge-sheet has been filed.