Viney Kumar vs State of Uttarakhand

Dharam Veer, J.—Heard Mr. Rajendra Singh, learned Counsel for the applicant and Mr. Amit Bhatt, learned Addl. GA for the State.

Learned Counsel for the applicant submitted that as per the prosecution case the deceased Sushma Rani died in the night of 4/5.4.2010 and the FIR of the said incident was lodged on 5.4.2010 at 02:30 AM by the applicant-accused Vinay Kumar himself. It is further submitted that on 11.7.2010 and 12.7.2010 i.e. after about more than three months of the said incident, statements of Kharak Singh, Tej Singh, Deepak Verma, Vivek Verma and Smt. Pratibha were recorded and in their statements all these witnesses have stated that the applicant-accused has confessed his guilt about the said crime in the police station on 5.4.2010, which creates a reasonable doubt on the conduct of these witnesses that why they did not disclose the same fact on the same day in the police station and remained silent for about three months. It is further argued that except the statement of above-named persons, no other evidence has been collected by the I.O. against the applicant-accused.

After considering all the facts and circumstances; on hearing learned Counsel for the parties; on perusal of the contents of the FIR; statement of above-named persons and other papers available on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage.

Let the applicant Viney Kumar be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Magistrate concerned.

The bail application is allowed accordingly.