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2024 Supreme(UK) 297

RAVINDRA MAITHANI
Dharmendra – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Gaurav Singh, Alok Kumar.
For the Respondent: Manisha Rana Singh.
For the Informant : Prabha Naithani.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. Since both the bail applications arise from the same FIR, they are heard together and are being decided by this common order.

2. Applicants Dharmendra and Vipin are in judicial custody in Case Crime No. 938 of 2023, under Sections 147, 148, 149, 302, 323, 504 and 506 IPC, Police Station-Kotwali Manglour, District-Haridwar. They have sought their release on bail.

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

4. According to the FIR, on 31.10.2023, there was a incident of marpeet between the applicant Vipin and others on the one side and Roshan on the other side. In that marpeet, when Sito Devi intervened to rescue, she was also assaulted. The injured Roshan and Sito Devi were taken to hospital. When they were returning, the applicants along with co-accused attacked them him with sword, lathi, danda and saria, due to which Surya sustained serious injuries.

5. Learned counsel for the applicants would submit that according to the PW1, the informant, it is co-accused Rikki, who hit on the head of the deceased, due to which he died. Reference has been made to the statement of PW1, Pankaj.

6. Learned State Counsel would submit that the role

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