Sandeep Kumar vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Sandeep Kumar is in judicial custody in FIR/Case Crime No. 191 of 2019, under Sections 498-A,304-B, 302 read with 34 IPC, Police Station Jhabrera, Roorkee, District Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

The deceased was married to the applicant on 25.06.2019. On 19.09.2019, she was found dead in the house.

Learned counsel for the applicant would submit that the co-accused have already been granted bail. The cause of death has yet not been ascertained. The informant has not supported the prosecution case during trial.

Learned State counsel would submit that, in fact, the informant has supported the prosecution case during examination in chief, but in her cross examination, which was done after a gap, she does not fully corroborated the prosecution case. He would submit that other witnesses have supported the prosecution case.

It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.

It is a most unfortunate incident. A married woman died within three months of her marriage. There are general allegations of demand of dowry in the FIR. The informant in her cross examination has not supported the case. What is most important is that the cause of death has yet not been ascertained. According to the post mortem report, it was a suspected case of poisoning and viscera was preserved.

Learned State counsel would submit that the viscera report is not available.

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.