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2025 DAILYLAW 1357 (UTT)

SANIT ALIAS SUMIT KUMAR v. STATE OF UTTARAKHAND

BA1/68/2025 · 2025-07-31

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6718 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 68 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Sukhwani Singh, learned Amicus Curiae for the applicant. 2. Mr. Siddhartha Bisht, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Ms. Asmi, learned counsel holding the brief of Mr. Shakib Husain, learned counsel for the complainant. 4. The present applicant ‘Sanit @ Sumit Kumar’ is praying for bail in relation to First Information Report dated 06.08.2024 bearing FIR No. 282 of 2024 P.S. Jhabrera, District Haridwar, wherein, the present applicant along with the other family members, who are four in numbers, were implicated for the offence punishable under Section 80(2) of BNS, 2023. 5. In this case after completion of the investigation only the applicant, the husband of the deceased, has been chargesheeted for the offence punishable under Section 80(2) of BNS, 2023. 6. It is argued by the learned counsel for the applicant that the applicant married with the deceased in the year 2020 and their relations were cordial and from this marriage one child was also born. She submits that as per the prosecution the deceased commit suicide by hanging and thereafter the panchnama report was prepared and the post mortem was conducted and as per the post-mortem report the cause of death is asphyxia due to anti mortem hanging. She submits that there is no such evidence about the cruelty on the deceased and the chargesheet has already been filed and there is no need of the custodial interrogation of the applicant and the applicant is languishing in jail since 27.08.2024. 7. On the other side, Mr. Siddhartha Bisht, learned A.G.A. submits by giving reference of Section 113(A) of the Indian Evidence Act and 2025:UHC:6718 submits that there are sufficient evidences which were collected during investigation with regard to the cruelty on the deceased by the present applicant and also submits that the complainant, the father of the victim and the brother also supports the case of the prosecution and not only this at once the Pradhan of the Village make efforts to settle their dispute and the applicant tender his apology but after sometime the deceased was again put on harassment and then ultimately she commit suicide. 8. 8. He submits that after collecting all credible evidence only the applicant has been chargesheeted and the rest of the accused persons though named in the FIR were exonerated, which itself reveals that the investigation was carried out in a very fair manner. 9. Ms. Asmi, learned counsel who appears for the complainant also vehemently oppose the bail application by submitting the deceased put on harassment after marriage and on various occasions she informed the brother and the complainant about harassment and within 7 years of marriage the deceased commit suicide that too on the basis of the regular harassment by the applicant. 10. After hearing the arguments of learned counsel for the parties and after perusing the entire record as well as the counter affidavit of the State and the complainant, this court is of the view that the applicant does not deserve for bail. 11. Accordingly, the bail application is rejected. 12. The Trial Court is directed to expedite the trial as early as possible preferably within six months from today. Registry is directed to send the copy of this order immediately to the concerned trial court. (Rakesh Thapliyal, J.) 31.07.2025 PR 2025:UHC:6718