GAURAV GUPTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both the Bail Applications have been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.486 of 2019, registered at Police Station Haldwani, District Nainital. Gaurav Gupta - applicant is in judicial custody for the offence under Sec. 302 and Sec. 394 of the Indian Penal Code (in short, "IPC") and Sec. 30 of the Arms Act, 1959. Applicant " Saurabh Gupta is in judicial custody for the offence punishable under Ss. 302 and 394 IPC.

(2.) These two Bail Applications have arisen from one case crime number, therefore, both the Bail Applications are being disposed of by this common order. Record of First Bail Application No.1139 of 2020 will be leading file.

(3.) The brief facts which are required to be stated are that Smt. Vinita Pandey, the informant, lodged the First Information Report saying that today, i.e. on 15/12/2019 at around 12 o"clock, her husband Bhupendra Pandey had gone to Mangal Parao with Dinesh Sagar in his scooty. Around 1:00 p.m., her nephew Neeraj Pandey informed her that his uncle Bhupendra Pandey was shot dead by Saurabh Gupta and Gaurabh Gupta (applicants " accused persons herein) at Mangal Parao, Sindhi Chauk. Both of them were having enmity with her husband regarding the matter of loan. The First Information Report was registered at 20.40 hrs. on 15/12/2019.