High CourtsSingle Bench

Shadab Ahmed Alias Sandeep vs State Of Uttarakhand

Uttarakhand High Court · Decided on 9 September 2024 · Citation: (2024) 09 UK CK 0050

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 306
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1399 Of 2024
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Judgment

10 paragraphs · 266 words

Ravindra Maithani, J

1.

Delay in filing objection is condoned. Objection is taken on record. Delay Condonation Application IA No.1 of 2024 stands disposed of, accordingly.

2.

Applicant is in judicial custody in Case Crime No.52 of 2024, under Section 306 IPC, Police Station-Banbassa, District- Champawat. He has sought his release on bail.

3.

Heard learned counsel for the parties and perused the record.

4.

The applicant and the deceased both were married. According to the FIR, the applicant had, in fact, introduced himself with a different name by concealing his religion, and after marriage, he harassed and tortured the deceased and pressurised her for conversion. On 16.04.2024, the deceased committed suicide leaving her suicide note on a status of mobile phone holding the applicant and his sister responsible for her death.

5.

Learned counsel for the applicant would submit that it is not a case of abetment to suicide; the mobile phone of the deceased has never been recovered; such status , as suicide note, can be created by anyone and merely based on the alleged status, the applicant has been involved in the case.

6.

Learned State Counsel admits that the mobile phone of the deceased has yet not been recovered.

7.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

8.

The bail application is allowed.

9.

Let the applicant 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.