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2023 Supreme(Online)(UT) 1809

HIGH COURT OF UTTARAKHAND
Hon'ble Mr. Justice Ravindra Maithani
SURENDRA SINGH RANA ALIAS GUDDU – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The case involves an application for bail by the accused persons, including Surendra Singh Rana Alias Guddu, who were in judicial custody under FIR No. 186 of 2019, related to charges under Sections 302, 201, 34 IPC (!) (!) (!) (!) (!) .

  2. The incident pertains to the death of the deceased, Bhagwan Singh Bhandari, whose body was recovered the morning after he was last seen in the shop of one of the accused persons in a village setting (!) (!) (!) (!) (!) .

  3. The prosecution's case relies on the "last seen" evidence, as the deceased was reportedly last seen in the shop of the applicant Kanahiya on the evening of 08.08.2019, and his subsequent disappearance and death are linked to this fact (!) (!) (!) (!) (!) (!) .

  4. The defense argued that the case is false, with no concrete evidence against the accused, emphasizing that the shop is located in a small village where people frequently visit each other's shops, which diminishes the applicability of the "last seen" theory in this context (!) (!) (!) (!) .

  5. The court noted that the deceased's body was found near the staircase of a house on the western side of the shop, which raises doubts about the direct involvement of the accused based solely on the "last seen" evidence (!) (!) .

  6. The court observed that the incident occurred in a village setting, and the "last seen" theory cannot be strictly applied here, given the nature of village interactions and the location of the body (!) (!) .

  7. After considering the entire facts and circumstances, the court decided that the accused persons deserved to be released on bail, and accordingly, bail was granted upon the execution of personal bonds and furnishing of sureties of equal amounts (!) (!) (!) (!) .

  8. The decision underscores that the application of "last seen" evidence must be contextually evaluated, especially in village environments where multiple visits and interactions are common (!) .

If you need further elaboration or specific legal advice related to this case, please let me know.


HIGH COURT OF UTTARAKHAND AT NAINITAL

First Bail Application No.2242 of 2022

Dhruv Singh Rana

...Applicant

Versus

State of Uttarakhand

...Respondent

With

First Bail Application No.2239 of 2022

Kishan Singh Alias Kanahiya ...Applicant

Versus

State of Uttarakhand

...Respondent

And

First Bail Application No.2244 of 2022

Surendra Singh Rana Alias Guddu ...Applicant

Versus

State of Uttarakhand

...Respondent

Present:-

Mr. R.S. Sammal, Advocate for the applicant.

Mr. B.P.S. Mer, Brief Holder for the State.

Hon’ble Ravindra Maithani, J. (Oral)

Since all these bail applications arise from one

and the same FIR, they are being decided by this common

order.

2.

Applicants Dhruv Singh Rana, Kishan Singh

Alias Kanahiya and Surendra Singh Rana Alias Guddu are

in judicial custody in FIR No. 186 of 2019, under Sections

2

302, 201, 34 IPC, Police Station Khatima, District Udham

Singh Nagar. They have sought their release on bail.

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