BHARATVEER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.208 of 2019 (Sessions Trial No.01 of 2020), registered at Kotwali Kotdwar, District Pauri Garhwal.

(2.) Applicant is in judicial custody under Sec. 302 of the Indian Penal Code, 1860.

(3.) Briefly stated, the prosecution case is that the informant Yatish Chandra Daundiyal lodged an FIR that his younger brother Shekhar Chandra Daundiyal, aged about 46 years, was working in Shiv Cable. On 13/8/2019, at around 3:25 hrs, he was shot dead by two unknown persons in the control room of Shiv Cable, situated at Simbalchaur, Kotdwar. He got information about the said incident from the persons of Chandrabani Cable Network. An FIR was registered on 14/8/2019 at 12:05 p.m. During the course of investigation, CCTV footages were collected. It was found from the CCTV footages that two unknown persons came on a motorcycle (Registration No.UK08P-8754), shot fire upon the deceased and ran away. Some other CCTV footages were also collected by the Investigating Officer.