Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1874 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/445/2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Mohd. Safdar, learned counsel for the applicant.
2. Mr. V.S. Pal, learned Assistant Government Advocate for the State.
3. Present applicant is in judicial custody in relation to Case Crime No. 525 of 2024, Police Station – Pathari, District – Haridwar wherein applicant has been implicated for the offences punishable under Section 108 of BNS.
4.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and there is no such ingredient, which constitutes the offence punishable under Section 108 BNS, 2023 against the applicant.
5. Apart from this, he further submits that the applicant was residing separately from the family of the deceased, who was wife of his younger brother. He further submits that this is a case of suicide and there is no direct evidence against him and at the time of arrest, grounds of arrest were not communicated to him. He further submits that alleged incident was happened on 21.07.2024 and police officials also rushed at the spot but FIR was lodged at a highly belated stage i.e. on 08.10.2024 that too on the order of the Magistrate passed on an application of the father of the deceased moved under Section 156 (3) Cr.P.C.. He further submits that applicant is innocent and is languishing in jail since 12.12.2024. He further submits that no specific role has been assigned to the present applicant with regard to the abetment to commit suicide and this is a case of suicide.
6. Per contra, learned AGA Mr. V.S. Pal submits that it is not a case of suicide because as per post-mortem report, deceased was physically assaulted before hanging and there were 9 injuries on the body of the deceased, therefore, applicant’s assertion to this effect that this is a case of suicide in not acceptable. He further submits that soon
2025:UHC:1874 before the incident, there is one material witness Momin, who is neighbour of the deceased and who disclosed the incident, which was happened prior to the death of the deceased.
7. After hearing learned counsel for the parties and after gone through the post-mortem report this Court is not inclined to grant bail to the applicant.
8. Accordingly, the bail application is rejected.
(Rakesh Thapliyal, J.) 18.03.2025 SKS