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2025 DAILYLAW 13770 (UTT)

BALJEET SINGH ALIAS GONDI v. STATE OF UTTARAKHAND

BA1/2553/2024 · 2025-02-12

Ravindra Maithani

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Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No. 2390 of 2024 Malkeet Singh @ Bittu ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. R.S. Sammal, Advocate for the applicant. Ms. Manisha Rana Singh, Deputy Advocate General for the State. Bail Application No. 2481 of 2024 Charanjeet Singh @ Channa ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Mehboob Rahi, Advocate for the applicant. Ms. Manisha Rana Singh, Deputy Advocate General for the State. 1st Bail Application No. 2554 of 2024 Bhagat Singh ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Mani Kumar, Advocate for the applicant. Ms. Manisha Rana Singh, Deputy Advocate General for the State. 1st Bail Application No. 2553 of 2024 Baljeet Singh @ Gondi ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Mani Kumar, Advocate for the applicant. Ms. Manisha Rana Singh, Deputy Advocate General for the State. 2 Hon’ble Ravindra Maithani, J. (Oral) Applicants Malkeet Singh @ Bittu, Charanjeet Singh @ Channa, Bhagat Singh and Baljeet Singh @ Gondi are in judicial custody in FIR No. 187 of 2024, under Sections 109(1), 221, 132, 121(2), 191(2), 193(3), 3(5), 61(2), 190 of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25 of the Arms Act, 1959, P.S. Nanakmatta, District Udham Singh Nagar. They have sought their release on bail. 2. Heard learned counsel for the parties and perused the record. 3. The FIR in the instant mater has been lodged by a Forest Guard. According to the FIR, upon information of illicit felling having been received, on 16.10.2024 at 01.06 a.m., the informant and other forest official saw that some persons are loading timber on a vehicle. They were challenged, but they opened fire on the informant and other forest officials. One of the fire shots hit Jitendra Singh, a forest personnel. 4. Learned counsel for the applicants would submit that it is case of false implication of the applicants; no source of light has been shown when allegedly the raid was made. They would submit that the applicants did not open 3 fire; the role of firing and hitting Jitendra Singh has been assigned to the co-accused Jaspal @ Tikku. 5. Learned State Counsel would submit that the applicants were present on the scene of occurrence, but she admits that the injury was caused by the fire shot that was made by the co-accused Jaspal @ Tikku. She would also submit that although the role of firing has also been assigned to the applicant Baljeet Singh @ Gondi, but he did not cause any injury to any person. 6. Having considered, this Court is of the view that it is a case fit for bail and the applicants deserve to be enlarged on bail. 7. The bail applications are allowed. 8. Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties, each of the like amount, by each of them, to the satisfaction of the court concerned. (Ravindra Maithani, J) 12.02.2025 Avneet/