SUMIT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail under Ss. 304, 323, 504 and 506 of the Indian Penal Code, 1860 in connection with the Case Crime No.462 of 2022, registered at police station Pathri, District Haridwar.

(2.) As per the First Information Report dtd. 27/8/2022, the informant's husband Deepak Kumar had gone to his neighbor Shobharam's house on 22/8/2022 at around 02:30 a.m. There was a programme at Shobharam's house. Drums were playing there. When a dispute arose between Deepak Kumar and Shobharam over some issue, Shobharam's nephew Kala (co-accused) and his associates beat him and threw him into his house in an unconscious state. Deepak Kumar told his wife Priyanka, the informant, and his mother Smt. Prasadi Devi that Shobharam (co-accused), Kala and others had beaten him. Deepak Kumar was taken to the hospital. He was declared dead in the hospital. Post-mortem examination of the dead body of the deceased was conducted on 23/8/2022. As per the post-mortem report, the cause of death was due to ante-mortem cerebral bleed and haemorrhagic shock. Upon conclusion of the investigation, charge-sheet has been filed.

(3.) Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. M.K. Chand, learned AGA for the State.