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Vishal Kumar vs State Of Uttarakhand

Uttarakhand High Court · Decided on 4 March 2024 · Citation: (2024) 03 UK CK 0017

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 306
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 46 Of 2024
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Judgment

14 paragraphs · 348 words

Ravindra Maithani, J

1.

Applicant seeks anticipatory bail in Case Crime No.0002 of 2024, under Section 306 IPC, Police Station Bhimtal, District Nainital.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, the deceased committed suicide in her hostel. It was revealed that she was in relationship with the applicant, but, subsequently, the applicant had ignored her and he was in relationship with some other person. The deceased felt betrayed and she committed suicide.

4.

Learned counsel for the applicant would submit that the applicant is also a student of the college, where the deceased was studying; there relationship was consensual; the applicant has not abetted the suicide in any manner; the applicant was granted ad-interim anticipatory bail; he has been cooperating with the investigation.

5.

Learned State Counsel would submit that the deceased was in relationship with the applicant; they had some dispute, which is evident from the social media chat as well as the statement of the sister of the deceased.

6.

Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

7.

The anticipatory bail application is allowed.

8.

In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall co-operate with the investigation.

(ii) The applicant shall not approach any witness in any manner, whatsoever.

(iii) The applicant shall not leave the country without prior permission of the court concerned.

(iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the AO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.