Mohd. Ashraf vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Mohd. Ashraf is in judicial custody in FIR No.214 of 2022, under Section 306 IPC, P.S. Selaqui District Dehradun. He has sought to release his bail.

Heard learned counsel for the parties and perused the record.

The deceased committed suicide. She was married and had two children. She had a plot also. She came in contact with the applicant. The FIR records that the applicant and the victim would speak to each other over telephone, subsequently the victim committed suicide on 13.05.2022, due to harassment done by the applicant. The FIR is lodged on 04.09.2022.

Learned counsel for the applicant would submit that the FIR is much delayed. There is no evidence against the applicant.

Learned State counsel would submit that Viscera has been sent for examination.

The bail rejection order dated 15.05.2023 reveals that the deceased wanted to marry the applicant when the applicant denied, she committed suicide. The victim was already married how she could have married the applicant without divorcing her husband.

Admittedly, the deceased was married. Various questions would fall for scrutiny during investigation. As to whether, it was a case of abetment which includes instigation, conspiracy or intentional aid if so how? In what manner?.

Having considered, this Court is of the view that the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.