Mevalal vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Mevalal is in judicial custody in FIR No.404 of 2018, under Sections 302, 201, 376, 511 IPC, Police Station Bahadrabad, District Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 23.10.2018, the deceased, Pinky, had left her husband company to visit her father, but she did not return. On 05.11.2018, the informant, who is the husband of the deceased, was told that Pinky has died. Her dead body was found in an abandoned place. On 19.11.2018, the FIR was lodged.

Learned Senior Counsel appearing for the applicant would submit that there is much delay in the FIR; there is reference of one more person, namely, Baniya, but his details are not available as to who was he and what was he doing at the place where he was spotted. It is also argued that allegedly, a fatta (a wooden stick) was recovered at the behest of the applicant, but there is no forensic report.

Learned State Counsel would submit that it is a case of last seen; there are CCTV footages, in which the applicant has been seen with the deceased and recovery was also made at his instance.

Many witnesses have already been examined at trial. At this stage, much of the discussion is not expected of. The Court proceeds with a caveat that any observation made in this order shall have no bearing at trial or in any subsequent proceedings.

The applicant was a guard at a premises, which was totally covered with CCTV cameras. The Site Supervisor of the premises, Mr. Lalit Verma, has stated that, in fact, on 01.11.2018, at about 8:07 PM, the applicant and the deceased were going inside the godown and subsequently the dead body was recovered. One of the Supervisors, Navneet Chaudhary, who has already been examined at the court, revealed it to the Investigating Officer that in CCTV footages, the applicant can be seen taking the deceased inside the godown while holding her hand and, subsequently, the applicant can be seen in the CCTV footages dragging the deceased outside the godown. Recovery of the weapon of offence was also made from the applicant.

Having considered the entirety of facts, this Court is of the view that it is not a case fit for bail. Accordingly, the bail application deserves to be rejected.

The bail application is rejected.