SHAKEEL Vs. STATE

JUDGEMENT

(1.) Applicant Shakeel, who is in jail in connection with FIR No. 316 of 2014, in respect of offences punishable under Sections 302, 307, 352, 504, 506 IPC read with Section 34 IPC, relating to Police Station, Ramnagar, District Nainital has sought his release on bail. Heard learned counsel for the parties, perused the documents brought on record and considered the grounds taken up in the bail application.

(2.) An FIR was lodged against present applicant and another on 19.10.2014, at police station, Ramnagar, for the offences punishable under Sections 302, 307, 352, 506 IPC with the inclusion of Section 25 of the Arms Act later on. The incident allegedly took place on 18.10.2014, at 09:30 P.M.

(3.) As per the allegations, on 18.10.2104, at 09:30 P.M., when informant and his companion were talking to each other outside the house of the informant, Vasim (non-applicant), who was armed with lathi, came and abused him. Vasim (non-applicant) brought a country made pistol from his house. Informant's father, mother and uncle came out of their houses. Vasim (non-applicant) killed informant's father. He also fired upon informant's mother, which hit her finger. Informant's father was taken to hospital, but was declared brought dead. Informant's mother sustained injuries on her finger and palm. Postmortem report indicated that ante mortem firearm injury resulted into the death of the victim due to shock and hemorrhage.