HARENDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant - Harendra alias Bittu is in judicial custody for the offence under Ss. 109(1), Sec. 3(5), Sec. 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sec. 3 read with Sec. 25 (1B)(a) of the Arms Act, 1959 in Case Crime No.134 of 2025, registered at Police Station Khatima, District Udham Singh Nagar.

(2.) According to the respondent, on 28/4/2025, at 22:49 hrs, the police received an information that five persons on two motorcycles are coming, who had committed robbery on 25/4/2025 and 26/4/2025. The police directed the persons, who were coming on motorcycles, to surrender, then they fired at the police. Applicant was apprehended by the police in the cross firing (present FIR). They recovered a country made pistol of 315 bore and Rs.9,000.00 from the possession of the applicant. He told them that the said money was looted by him with his other associates on 25/4/2025 and 26/4/2025. He was arrested at 03:05 hrs on 29/4/2025.

(3.) On 25/4/2025, at around 10.15 p.m., unknown persons arrived at the informant's petrol pump "Guru Nanak Filling Station" on two motorcycles and four of them looted Rs.27,000.00 by showing country made pistols to Nitin Singh, the salesman of the informant. The First Information Report (FIR No.133 of 2025) was registered on 26/4/2025. The applicant and others committed another dacoity on 26/4/2025 and looted Rs.40,000.00 and a mobile phone from a petrol pump "MA Fuels" (FIR No.131 of 2025).