CHANDRA SHEKHAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant bail cancellation application is preferred by the applicant Chandra Shekhar, son of Kesh Ram, under Sec. 483 (3) of BNSS, 2023 for challenging the order dtd. 22/12/2025 passed by the Addl. Sessions Judge, Ramnagar, District - Nainital whereby respondent no. 2 Mahesh Chandra Tamta, son of Shankar Lal, who is facing trial for the offences punishable under Sec. 307, 120 B read with Sec. 34 IPC, arising out of FIR No. 395 of 2019, registered at Police Station - Ramnagar, District - Nainital, is enlarged on bail.

(2.) Brief facts of the present case are that a first information report was lodged by one Hemant Shekhar, son of present applicant on 2/10/2019 bearing FIR No. 395 of 2019, registered at Police Station - Ramnagar, District - Nainital against two unknown persons for the offences punishable under Sec. 307 read with 34 IPC. This FIR was investigated and subsequently on 12/1/2020, a charge sheet was filed against Irshad Ali, Kamran Ahmad and Adnan Magrub. "Kamran" and "Adnan Magrub" charge sheeted as an absconders. Subsequently, another charge sheet 16 A of 2020 was also filed on 29/8/2020 against the respondent no. 2 for the offence punishable under Sec. 307, 120B of IPC and thereafter, charges were framed on 18/12/2024 for the offence punishable under Sec. 307, 34, 120B of IPC.

(3.) Respondent no. 2, herein, who was charge sheeted, approached this Court and preferred an application under Sec. 482 Cr.P.C. i.e. C482 No. 323 of 2020 in order to challenge the charge sheet as well as the cognizance order, however, the Coordinate Bench by judgment and order dtd. 5/8/2022 dismissed the petition, against which, a Special Leave to Appeal (Criminal) No. 6823 of 2022 was preferred before the Hon'ble Apex Court and Hon'ble Apex Court disposed of the said SLP with liberty to take steps for discharge in the appropriate proceedings.