Kanchan And Another vs State Of Uttarakhand

Ravindra Maithani, J

Applicants Kanchan and Kamrej are in judicial custody in FIR No.260 of 2021, under Sections 302 and 34 IPC, Police Station Vikasnagar, District- Dehradun. They have sought their release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the deceased had left his house on 12.06.2021 at about 6:00-6:30 PM, but he did not return. His dead body was subsequently found.

Learned counsel for the applicants would submit that there is no evidence against the applicants except the last seen evidence, which is much weak and which is given by PW4 Ajay Singh, which does not inspire any confidence. It is argued that if the dead body of the deceased was found, police had no occasion to call PW4 Ajay Singh, as stated by him. At the most, police would have approached the family members of the deceased; there is no motive also; there is no other evidence.

Learned State Counsel would submit that PW4 Ajay Singh has seen the applicants in the company of the deceased at about 8:00 in the evening, and, thereafter, the dead body of the deceased was found.

The Court wanted to know from learned State Counsel as to why did the police inform PW4 Ajay Singh? He would submit that there is nothing on record. No other material is indicated against the applicants.

It is a case based on circumstantial evidence. The only evidence that is placed at this moment is the last seen evidence, as stated by PW4 Ajay Singh. It is also not clear as to why the police approached him after locating the dead body of the deceased.

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 application is 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.