Uttarakhand High CourtBA1/594/2021 on 29 September, 2021Author:R.C. KhulbeBench:R.C. KhulbeOffice Notes,\n             reports, orders or\nSL.           proceedings or\n      Date                                    COURT'S OR JUDGES'S ORDERS\nNo             directions and\n             Registrar's order\n              with Signatures\n                                  BA1 No.594 of 2021\n                                  Hon'ble R.C. Khulbe, J.Ms. Manisha Bhandari with Mr. H.C. Pathak\n                                  and Mr. B.D. Pande, learned counsel for the\n                                  applicant.Mr. V.S. Rathore, learned A.G.A. for the\n                                  State.Ms. Neetu Singh, learned counsel for the\n                                  informant.Accused-Satendra Saini has sought his\n                                  release on bail in connection with Case Crime/ FIR\n                                  No.711/2020u/s 304,328,323,504IPC registered\n                                  at P.S. Kotwali Mangalore, District Haridwar.As per the FIR dated 4.11.2020, on\n                                  30.10.2020, informant's father in law Atma Ram\n                                  along with Vipul, Satendra came to her house and\n                                  started abusing her; on asking them to refrain from\n                                  such acts, they began to beat her and forcefully\n                                  administered poison to her and then they ran away;\n                                  on 2.11.2020 at about 7:30 PM her brother in law\n                                  Arvind was called inside the house by Atma Ram;\n                                  Arvind telephoned informant's husband about this\n                                  fact; thereafter, Arvind, informant's husband and\n                                  son was assaulted with sharp edged weapons by\n                                  Satendra, Atma Ram, Shyam Lata and Vipul.On the basis of said information, the FIR was\n                                  lodged at P.S. Mangalore on the very same day.It is argued by the learned counsel that the\n                                  applicant has been falsely implicated; he was not\n                                  present at the spot; as per the post-mortem report,\n                                  there was abrasion found on the body of deceased;\n                                  the eyewitnesses Vipul and Divya have clearly\n                                  stated that the accused Satendra was not at the spot\n at the relevant point of time; it is a case where cross\nFIR has also been filed; applicant is ready to furnish\nthe sureties and may be granted bail.Per contra, learned counsel for the State as\nalso learned counsel for the informant opposed for\nbail.As per the FIR, accused Satendra, Atma Ram,\nSmt. Shyam Lata and Vipul were present at the spot\nat the time of incident and they caused injuries to\nArvind and also injured Jitendra and Himanshu.The statement of injured Himanshu and\nArvind were recorded during investigationu/s 161Cr.P.C.; they narrated the entire story and clearly\nstated that the accused Satendra Saini was very\nmuch present on the spot at the relevant point of\ntime who also committed the crime along with other\nco-accused; as per the post-mortem report, the cause\nof death is ante-mortem injuries; it is a matter of\nevidence whether the present accused was actually\npresent at the spot or not but as per the statement of\ninjured Himanshu, it prima facie appears that the\naccused was also present at the spot who caused\ninjury to Himanshu and other persons.Looking to the gravity of offence, it is not a\nfit case for bail at this stage. Accordingly, the bail\napplication is dismissed.Pending application, if any, stands disposed\nof.(R.C. Khulbe, J.)\n                              29.09.2021\nRdang