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2023 Supreme(UK) 446

RAVINDRA MAITHANI
Kanvar Pal – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Applicant : Mr. B.S. Adhikari.
For the State : Mr. Vipul Painuly, Brief Holder.
For the Informant : Mr. Vishal Kumar Nautiyal.

JUDGMENT :

Ravindra Maithani, J.

Applicant- Kanvar Pal is in judicial custody in FIR No.951 of 2021, under Sections 147, 148, 149, 504 and 302 IPC, Police Station- Kotwali Laksar, District- Haridwar. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, on 16.12.2021, at 9:00 in the morning, the applicant along with the co-accused waylaid the deceased. The deceased was attacked and abused by them. It is the co-accused Arun, who fired at the deceased, due to which he died.

4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the case; the incident was captured in a CCTV footage, which establishes that the applicant was not involved in the case. In fact, only two persons were fighting with each other, and in that process, one had fallen down. It is argued that, in fact, the allegations are against co-accused Arun. He would submit that now the Investigating Officer has submitted a report by way of a supplementary counter affidavit filed by Manoj Gairola, the Senior Sub Inspector, Police Station Laksar, District Haridwar, which reveals that the incident was between two perso

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