ASHISH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant-Ashish alias Kannu is in judicial custody for the offence punishable under Sec. 302 and Sec. 120B of the Indian Penal Code, 1860 in Case Crime No.607 of 2018, registered at Kotwali Gangnahar, District Haridwar.

(2.) One Tirthpal Singh lodged an FIR to the effect that his brother Krishan Gopal was shot dead by unknown persons on 21/12/2018 at 04 p.m. The First Information Report was registered on 21/12/2018 at 21.46 hrs. The post-mortem examination of the dead body of the deceased was conducted on 22/12/2018. According to the post-mortem report, the cause of death was haemorrhagic shock due to ante-mortem gunshot injury. A spent cartridge was seized from the spot. The co-accused Shekhar and the co-accused Aakash were arrested. On a secret information, the applicant was arrested on 25/12/2018 and after arresting the applicant, at his instance, a country made pistol of 315 bore and one spent cartridge were recovered from his terrace on 26/12/2018. The recovered pistol and spent cartridges were sent to the Forensic Science Laboratory for examination.

(3.) The First Bail Application (Bail Application No.2492 of 2020) of the applicant was rejected on 6/7/2021.