Kedar Singh 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.48 of 2023, registered at police station Shyampur, District Haridwar under Section 306 and Section 201 of the Indian Penal Code, 1860.

As per the case of the prosecution, the deceased, aged about 45 years, was the wife of the applicant. There were frequent altercations between them. On the morning of 23.04.2023, applicant had an altercation with the deceased. The deceased told the applicant that she is going to die. Applicant told her angrily that if you have to die then show it by dying. The deceased committed suicide by hanging herself. Applicant had thrown her dead body in a canal to conceal the evidence of the commission of the offence. The dead body of the deceased was recovered on 26.04.2023. Inquest proceedings and post-mortem examination of the dead body of the deceased were conducted on 26.04.2023. First Information Report was registered at 18:35 hrs on 26.04.2023, after the inquest proceedings and post-mortem examination. As per the post-mortem report, the cause of death was asphyxia due to hanging. Charge-sheet was filed after the completion of the investigation.

Mr. Pramod Tiwari, Brief Holder, has opposed the bail application. He has submitted that the applicant harassed the deceased, and, thereby, he with his cruel behavior, abated the deceased to commit suicide.

Mr. Aditya Singh, Advocate, contended that applicant has been falsely implicated in the present matter. No positive evidence is available on record that the applicant had by his act or omission or by his conduct created such circumstances that the deceased was left with no other option except to commit suicide. The dead body was not recovered at the instance of the applicant. Applicant has no criminal history. He is a permanent resident of District Champawat, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, the applicant is in custody since 27.04.2023.

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, 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- Kedar Singh be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, Prosecution will be free to move the court for cancellation of bail.