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2025 DAILYLAW 14001 (UTT)

LAKSHMI DATT PANDEY v. STATE OF UTTARAKHAND

BA1/1984/2025 · 2025-11-20

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 1984 of 2025 Hon’ble Alok Mahra, J. Mr. Nandan Arya, learned counsel for the applicant. 2. Mr. Chitrartha Kandpal, learned Brief Holder for the State. 3. The applicant – Lakshmi Datt Pandey, who is in judicial custody in connection with Case Crime/FIR No. 15 of 2025, under Section 108 of BNS, 2023, registered at P.S.- Baijnath, District Bageshwar, has sought his release on bail. 4. Heard learned counsel for the parties and perused the records. 5. In this case, an FIR was lodged by the brother of the deceased, in which he has submitted that his brother, who was residing at Village Ghataknaula Devnai, was found dead on 07.07.2025 in the morning. He was found hanging in a tree in a forest near to the village. In the FIR, the applicant has not been named. 6. Learned counsel for the applicant would submit that post-mortem report of the deceased is on the record. The cause of death mentioned in the post-mortem report is shock and hemmorhage due to head injury, but, the chargesheet has been submitted under Section 108 of BNS. During investigation, statements of various witnesses have been recorded including the statement of Geeta Pandey, in whose family land, the deceased had built the house. As per the prosecution story, there were some intimate relationship of the deceased and the co-accused Pankaj @ Krishna Pandey with Geeta Pandey and there was a sudden scuffle in the night of 06.07.2025 between the deceased and the co-accused Pankaj @ Krishna Pandey in the house of Smt. Geeta Pandey and after the scuffle, both of them went away from there. Even if the charges levelled are taken at the face value, no role has been assigned regarding instigation to commit suicide. Learned counsel further submits that the applicant has not been named in the FIR. 7. Per contra, learned State Counsel vehemently opposed the bail application. 8. Having considered the submissions of learned counsel for the parties and after going through the material available on record, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 9. Accordingly, the present bail application is allowed. 10. Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties each of the like amount, to the satisfaction of the court concerned. (Alok Mahra J.) 20.11.2025 Ujjwal