Govind Singh Kanyari And Another vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.07 of 2023, registered at police station Nachni, District Pithoragarh.

Applicants are in judicial custody under Section 304 of the Indian Penal Code, 1860 and Section 3(2)(V) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The First Bail Application (No.1089 of 2023) was dismissed as withdrawn on 13.06.2023.

Mr. M.K. Chand, learned A.G.A. submitted that the informant/victim was informed by the Investigating Officer.

There is no representation on behalf of the informant/victim.

As per the prosecution case, the informant is a member of the Scheduled Caste. One Sachin was in love with the daughter of the applicant no.1. Applicant no.2 is her father’s elder brother. On 12.03.2023, Sachin went to meet her with Ankit (deceased), the informant’s son. They had consumed alcohol. They reached her house at around 8:30 p.m. Applicants beat Sachin. They had abused Ankit by using caste related words. They ran away from there. Ankit was behind him (Sachin). Ankit did not return to his house. Sachin informed the police about Ankit’s missing. Ankit’s dead body was recovered from a ditch on 15.03.2023. The post-mortem examination of the dead body was conducted on 16.03.2023. As per post-mortem report, cause of death was severe hemorrhagic shock and massive blood loss in peritoneum due to ante-mortem injury. The First Information Report was registered on 17.03.2023 at 22:15 hrs.

Mr. Amit Kapri, Advocate, contended that the applicant no.1, aged about 46 years, and, the applicant no.2, aged about 65 years, have been falsely implicated in the present matter. The case of the prosecution is that Sachin and Ankit had consumed alcohol. Therefore, the possibility of Ankit falling into the ditch under the influence of alcohol cannot be ruled out. Applicants have no criminal antecedents. Applicants are in judicial custody since 18.03.2023. They are permanent resident of District Pithoragarh, therefore, there is no possibility of their absconding, and, a charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. M.K. Chand, learned A.G.A., has opposed the bail application. However, he submitted the the applicants have no criminal history.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicants 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 applicants deserve bail at this stage.

The Bail Application is allowed.

Let the applicants- Govind Singh Kanyari and Khushaal Singh Kanyari be released on bail on their executing personal bonds and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.