Bharat Arya vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Bharat Arya is in judicial custody in FIR/Case Crime No.310 of 2022, dated 03.08.2022, under Sections 302, 364, 201, 34 IPC, Police Station Ramnagar, District Nainital. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the deceased who had left his shop for home in the night of 03.08.2022 at 09:00 PM, did not reach home. It is the prosecution case that, in fact, the deceased had some relationship with the sister of the applicant, when the deceased declined to marry, it is the applicant, who hatched the conspiracy to kill the deceased along with co-accused.

Learned counsel for the applicant would submit that the co-accused having similar role had already been granted bail; it is a case fit for bail. SI Prem Ram Vishwakarma tells that the vehicle, which was used in transporting the dead body had Registration No. DL 9 CP 0209 whereas, some other vehicle was taken into custody.

It is argued that the dead body was recovered from somewhere in Moradabad from some Uttam Place; a saria had also been allegedly recovered at the instance of the applicant, but it has never been sent for forensic examination.

Learned State counsel would submit that the applicant is the main accused, it is he, who planned to kill the deceased, it is he, who contacted the co-accused. He admits that it is the applicant, who engaged the co-accused. They all together transported the dead body at a place from which, it was recovered.

Learned counsel for the informant would submit that the applicant has the main role.

Having considered the entirety of facts, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.