Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 198 of 2025
Amandeep Singh Alias Kala
….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Mr. M.K. Ray, Advocate for the applicant.
Ms. Manisha Rana Singh, D.A.G. for the State.
Mr. S.K. Mandal, Advocate for the informant.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant is in judicial custody in FIR No. 83 of 2024, under Sections 302, 307, 120-B and 34 IPC and Section 3/25 of the Arms Act, 1959, Police Station Nanakmatta, District Udham Singh Nagar. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused.
3.
Learned counsel for the applicant would submit that co-accused, Sultan Singh, and two other co-accused, having similar role, have already been granted bail.
4.
Learned State Counsel admits that it is a case of parity.
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5.
Learned counsel for the informant would submit that it is not a case of parity; the actual shooters were also staying in sarai. On the date of incident, the applicant had been seen making a telephone call and, thereafter, running to sarai. It is, thereafter, the shooter came and killed the deceased. He would submit that when the applicant was apprehended, a mobile phone was recovered from him; the applicant has some photographs with the actual shooters and the applicant has confessed his guilt.
6.
It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.
7.
No transcript of the conversation that has been done between the applicant and the actual shooters is filed. What is being argued on behalf of the informant is that there were some photographs of the applicant with the actual shooters.
8.
Admittedly, the applicant was staying in the sarai, where the actual shooters were also staying, and they were in touch. What is argued is that the applicant has confessed his guilt.
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9.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
10.
The bail application is allowed.
11.
Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
(Ravindra Maithani, J)
19.02.2025 Ravi Bisht