Chetan vs State Of Uttarakhand

Alok Kumar Verma, J

Present Second Bail Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 in connection with the Case Crime No. 126 of 2020, registered at police station Vikas Nagar, District Dehradun.

Applicant is in judicial custody under Sections 302, 120B and Section 201 of the Indian Penal Code, 1860.

The First Bail Application (No.1884 of 2020) was dismissed on 09.08.2021 by coordinate Bench.

The case of the prosecution is that prior to lodging of the First Information Report, on the basis of an information, received from one Dr. Ramesh Saini, a member of Kshetra Panchayat, on 05.04.2020 at 8:00 p.m., regarding the death of the deceased, the husband of the present applicant, police went to the spot and prepared the inquest report. On the same day, i.e. 05.04.2020, post-mortem examination of the dead body of the deceased was conducted. At the time of the post-mortem examination, a deformed bullet was recovered from the dead body of the deceased. An FIR was lodged by father of the deceased on 06.04.2020 that he was informed by one Bhaddu, a resident of his village, that blood was ozzing from the head of his (informant) son Janak Singh, aged about 50 years, and he had died. Informant went to the spot and found that the dead body of his son was lying on a cot and there was a deep injury on his head, and, there was a lot of blood on the floor. As per the First Information Report, there was an illegal relationship between the wife of the deceased, present applicant, and the co-accused Ravindra, therefore, he suspects that both of them together have committed the murder of his son. He further stated in his First Information Report that his son-in-law (Damad) Gautam told him about the said illegal relationship. The present applicant was arrested and at her instance a murder weapon, i.e. .22 rifle was recovered from her cowshed. The recovered rifle and the deformed bullet were sent to the Forensic Science Laboratory for examination. Upon conclusion of the investigation, charge-sheet was filed.

Mr. Rajat Mittal, Advocate, contended that the applicant Smt. Chetan, aged about 43 years, wife of the deceased, has been falsely implicated in the present matter. As per the prosecution’s case, she was sleeping in the room, where the said incident was occurred. Prosecution has examined Gautam, son-in-law (Damad) of the informant, but, he has not adduced any cogent or reliable evidence regarding the illicit relationship between the present applicant and the co-accused Ravindra. Nothing was recovered at her instance. The alleged recovered rifle was planted. As per the report of the Forensic Science Laboratory, the said report does not support the case of the prosecution. The co-accused Ravindra has already been granted bail by this Court. Applicant is in custody since 05.04.2020, whereas, the prosecution has examined only seven witnesses out of 17 witnesses till date. Applicant has no criminal antecedents. She is a permanent resident of District Dehradun, therefore, there is no likelihood of her absconding.

Mr. M.K. Chand, learned A.G.A. has opposed the bail application. However, he has fairly conceded that the Forensic Science Laboratory’s report does not confirm the case of the prosecution and the applicant has no criminal antecedents.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

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