Manish Nautiyal 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.138 of 2023, registered at police station Patel Nagar, District Dehradun under Section 304 and Section 504 of the Indian Penal Code, 1860.

As per FIR, brother of the informant used to take drugs. He was admitted to the Drug De-Addiction Center, Dehradun. Shubham Bhatt was the owner of the said center. On 20.03.2023, at 8:00 o’clock, informant received a phone call from the owner of the said Centre. He informed him that his brother had died. He reached the hospital and found that there were grievous injuries on the dead body of the deceased. He reached the said Center and found that all the data of CCTVs of the Center were deleted. Inquest proceedings and post-mortem examination of the dead body of the deceased were conducted. As per inquest report, no external injury was found on the dead body. The cause of death of the deceased was found to be heart attack.

Mr. Pankaj Kumar Sharma, Advocate, contended that the applicant has been falsely implicated. He is a permanent resident of District Pauri Garhwal. He was drug addict. He was admitted in the said Center named Nai Zindagi. He himself was taking treatment at the said Center. He is in custody since 23.03.2023. As per post-mortem report, the cause of death could not be ascertained and viscera was preserved. Two co-accused persons of the similar role have already been granted bail by the Sessions Judge, Dehradun.

On the other hand, Mr. V.S. Rathore, A.G.A., has opposed the bail application. However, he has fairly conceded that the two co-accused persons of the similar role have been granted bail by the Session Court, Dehradun and viscera report has not been received yet.

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 –Manish Nautiyal 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.