Joga Singh And Another vs State Of Uttarakhand

Ravindra Maithani, J

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

Applicants Joga Singh, Govind Singh and Bhawna Devi are in judicial custody in FIR No. 02 of 2022, under Sections 302, 364, 323, 504, 506, 342,

201, 34 IPC and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Chalani Revenue

Area Bangora, District Almora. They have sought their release on bail.

Heard learned counsel for the parties and perused the record.

According to the prosecution case, on 01.09.2022, when the deceased Jagdish Kumar was with PW3 Bhagirath Kumar, he was attacked by the

applicants Joga Singh and Govind Singh. Somehow PW3 Bhagirath Kumar managed to escape from that place. He informed his Contractor Kavita

Manral. Meanwhile, the revenue authorities were also informed about the incident. They intercepted a vehicle, in which the deceased Jagdish Kumar

was being taken in the injured condition by the applicants Joga Singh and Bhawna Devi. It is also the prosecution case that, in fact, the daughter of the

applicant Joga Singh was in relationship with the deceased Jagdish Kumar, due to which the applicants were not happy because of the caste

difference between them. Subsequently, Jagdish Kumar died in the hospital.

Learned counsel for the applicants would submit that the statement of PW3 Bhagirath Kumar is not believable. He states at one place that

whatever he has stated in the court, it was stated at the instance of Kavita Manral. It is argued that there is no role of the applicant Bhawna Devi.

Learned State counsel would submit that PW3 Bhagirath Kumar, PW1, the daughter of the applicant Joga Singh and PW13, the Revenue Officer

have supported the prosecution case.

It is the stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this

order shall have no bearing at any subsequent stage of the trial or in any other proceedings.

PW3 Bhagirath Kumr has categorically stated that he and Jagdish were attacked by the applicant Joga Singh and one more person i.e. the applicant

Govind Singh. He managed to escape and informed Kavita Manral. PW13 the Revenue Officer has stated that they intercepted the vehicle, in which

the deceased Jagdish Kumar was in injured condition and the applicants Joga Singh was also there in the vehicle. In fact, PW1 is the daughter of the

applicant Joga Singh. She has stated that because she was in relationship with the deceased, therefore, her father was quite unhappy with her and he

scold her and beat her up.

Is it a case of honour killing? There are eyewitnesses of the incident.

Having considered the entirety of facts, this Court is of the view that there is no ground to enlarge the applicants Joga Singh and Govind Singh on

bail. Accordingly, their bail application deserves to be rejected.

First Bail Application No. 1830 of 2024 is rejected.

Insofar as, applicant Bhawna Devi is concerned, her bail application deserves to be allowed.

The First Bail Application No. 1853 of 2024 is allowed.

Let the applicant Bhawna Devi be released on bail, on her executing a personal bond and furnishing two reliable sureties, each of the like amount,

to the satisfaction of the Court concerned.