Prempal vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Prempal is in judicial custody in FIR No. 242 of 2019, under Section 302, 201 & 120-B IPC, P.S. Transit Camp, District Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the deceased was staying with the applicant. The deceased was the wife of the informant. Informant had requested the applicant to return his wife, but the applicant did not pay any heed to it. Subsequently, he killed the deceased, cut her in three pieces, packed her in a sack and ran from his house. An FIR was lodged.

Learned counsel for the applicant would submit that PW 5 Anil and PW 7 Shivam Prasad both have not supported the prosecution case; they are alleged eye-witnesses; the statement of PW 4 Pradeep cannot be held reliable because, according to him, he was along with Anil, when they witnessed the incident.

It is a stage of bail. Much of the discussion is not expected of. The discussion is being made with the caveat that any observation made in this order should not have any bearing at the trial.

PW 1 Hetram, the informant has stated that his wife was staying with the applicant and he was not returning her and was threatening his wife. He would submit that the dead body of the deceased was found in the room of the applicant. The police had recovered it. PW

4 Pradeep has also supported the prosecution case.

Having considered, 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.