Suraj Waldiya & Another vs State Of Uttarakhand

Alok Kumar Verma, J

This is second bail application for grant of regular bail to the applicants, who are in custody in connection with FIR No. 130 of 2019, registered with Police Station Kotwali Pithoragarh, District Pithoragarh for the offences punishable under Sections 304 and 201 of the I.P.C.

In brief, according to the FIR dated 24.09.2019, Akash alias Raja, deceased, cousin brother of the informant Ashish Habart, told the informant that one Suraj Waldiya, present applicant, had invited him at his house and by taking Rs. 500/- and a motor-cycle from the informant, the deceased went to the house of the applicant Suraj Waldiya on 23.09.2019. But, cousin brother of the informant did not return till night. His mobile was switched off. In the night of 23.09.2019, some persons uploaded the photo of the dead body of Akash alias Raja on WhatsApp Group. The informant, one Manish and Kapil searched Akash alias Raja and they found the dead body of the deceased at G.I.C. field. The FIR was lodged against the present applicants.

Heard Mr. V.B.S. Negi, the learned Senior Advocate assisted by Mr. Amit Kapri, the learned counsel for the applicant and Mr. S.S. Adhikari, the learned Deputy Advocate General assisted by Mr. P.S. Uniyal, the learned Brief Holder for the State through Video Conferencing.

The learned Senior Advocate for both the applicants submits that the case is based on circumstantial evidence; the applicants are innocent persons; they have been falsely implicated; according to the post-mortem report there was no external injury on the body of the deceased; the deceased was a friend of the applicants; according to the FIR, the name of the applicant Lalit Sethi was not disclosed by the deceased; there are contradictions in the evidences of the so called witnesses, recorded under section 161 of the Code of Criminal Procedure; three witnesses have been examined by the trial court; P.W.1, cousin brother of the deceased, is informant of this case; the dead body of the deceased was seen by this witness in WhatsApp Group; P.W.2 Smt. Saroj Singh is mother of the deceased; according to this witness the dead body of the deceased was found at G.I.C. field; P.W.3 Smt. Parwati is the mother of the present applicant Suraj Waldiya and she did not support the prosecution case; there was no motive to cause death; no prima facie case under section 304 of the IPC is made out; applicants are in custody since the month of September, 2019.

The learned Deputy Advocate General opposed the bail application, however, he fairly concedes that P.W.3 Smt. Parwati did not support the prosecution case.

Bail is the rule and the committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits of the case, this Court is of the view that the applicants deserve bail at this stage.

The bail application is allowed.

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