Amit Kumar & Others vs State Of Uttarakhand

Ravindra Maithani, J

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

Applicants Amit Kumar, Hemant Kumar and Rohit Kumar are in judicial custody in FIR No.0336 of 2022, under Sections 302, 304-B and 34 IPC, Police Station Kiccha, District- Udham Singh Nagar. They have sought their release on bail.

Heard learned counsel for the parties and perused the record.

The deceased was married to the applicant Raj Kumar. According to the FIR, the in-laws of the deceased were demanding dowry. The deceased was harassed and tortured. On 15.08.2022, at 3:40 in the morning, information was given that the deceased had died.

Learned counsel for the applicants would submit that the cause of death has been stated to be smothering. At 3:40 in the morning, the deceased might be sleeping with her husband. If at all any offence has ever been done, it cannot be attributed to the applicants. He would refer to the site plan as well. He would submit that the mother-in-law and father-in-law of the deceased has already been granted bail by this Court.

Learned counsel for the informant would submit that, in fact, the dead body rigor mortis present. The duration of death has been shown 12-14 hours. Therefore, it cannot be said that the death took place at mid night in the bed room of the deceased. He would also submit that such death cannot be caused by a single person.

Learned State Counsel would submit that it is a death other than under normal circumstances.

The bail order of co-accused in BA1 No.2522 of 2022, dated 06.04.2023, in Para 6 records that according to the learned State Counsel, the death took place sometimes in the night. The site plan has been referred to.

The Court wanted to know as to who prepared the site plan? And at whose instance was it prepared? At Bar, it has been stated that at the instance of the informant, the site plan has been prepared. The question that would fall for scrutiny is as to whether how the informant came to know as to at which place the death took place, because the dead body was at some other place.

Having considered, this Court is of the view that it is a case fit for bail and the applicants deserve to be enlarged on bail.

The bail applications are allowed.

Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties, each of the like amount, by each one of them to the satisfaction of the court concerned.