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2025 DAILYLAW 3041 (UTT)

VINEET v. STATE OF UTTARAKHAND

BA3/6/2025 · 2025-07-02

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Third Bail Application No. 06 of 2025 Vineet ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Siddharth Tomar and Ms. Swaleha Hussain, Advocates for the applicant. Ms. Manisha Rana Singh, D.A.G. for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in Sessions Trial No.163 of 2019, arising out of FIR No.124 of 2019, under Sections 302, 201, 120-B and 34 IPC, Police Station Doiwala, District Dehradun. He has sought his release on bail. 2. Heard learned counsel for the parties and perused. 3. This is the third bail application. The first bail application, being BA1 No.1255 of 2020, was rejected on 11.06.2021. The second bail application, being BA2 No.237 of 2022, was rejected on 10.08.2023. 4. Learned counsel for the applicant would submit that post rejection of the earlier bail applications, many witnesses have been examined; they have not supported the prosecution case; in the instant matter, according to the prosecution case, the deceased was found dead. The first 2 bail rejection order records that according to doctor, it was a case of strangulation and subsequent hanging, but it is argued that the doctor, who has been examined in the court, has stated that it is a case if ant mortem hanging, which means that the death was due to hanging; PW7, the daughter of the deceased, has not supported the prosecution case. In fact, she has given a separate reason as to why the deceased did commit suicide. 5. Learned State Counsel would submit that PW1, Laxmi Chandra and PW2, Roshan Lal, have stated about the extra marital relation of the applicant with the wife of the deceased. 6. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 7. The bail application is allowed. 8. Let the applicant be released on bail, on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J) 02.07.2025 Ravi Bisht