Ravindra Maithani, J
1. Applicant is in judicial custody in FIR No.642 of 2021, under Sections 302, 201 and 34 IPC, Police Station Raipur, District Dehradun. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 06.11.2021, the applicant along with co-accused and the deceased Reena had left for Bihar, but, subsequently, the informant saw a dead body in social media, which he suspected to be his sister-in-law Reena. After a while, it was revealed that the applicant had reached Bihar all alone. The FIR was lodged by the brother-in-law of the deceased. He has suspected that the deceased was killed by the applicant and the co-accused.
4. Learned counsel for the applicant would submit that the co-accused has already been granted bail; the entire case is false; the informant has already been examined as PW1. In his cross-examination, he has categorically stated that he had not seen deceased-Reena 2-3 years prior to the date of his statement, which was recorded on 12.12.2022. It is argued that, in fact, the police pressurized him to identify the dead body on some cell phone. He had not seen the dead body. Whatever statement he had given, that is under the threat of the police.
5. Learned State Counsel would submit that the deceased was in romantic relationship with one Sonu, to which the family members were not agreeable. Therefore, the deceased was killed.
6. It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.
7. According to the FIR, on 06.11.2021, the deceased had left Dehradun for Bihar. When she did not reach and when the informant contacted telephonically, he was told that only applicant did reach Bihar and the deceased did not reach. This is what in his examination in chief the PW1, the informant, has stated. But, in his cross examination recorded on 11.10.2022, in Para No.8, he states that he had seen the deceased Reena some 2-3 years ago. He has not seen her dead body. Police has beaten him up. Further, in his statement recorded on 12.12.2022, he has stated that under the threat of police, he lodged false report. In Para No.24, he states that the deceased might be alive and staying with Sonu somewhere.
8. 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.
9. The 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.
