AMIT KUMAR 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 in connection with the First Information Report No. 501 of 2022, registered at police station Manglaur, District Haridwar. Applicant is in judicial custody under Ss. 302, 201 and Sec. 120B of the Indian Penal Code, 1860.

(2.) As per the case of the prosecution, an FIR was lodged by the informant-Smt. Jagwati that she was residing in Muzaffarnagar with her two sons. She had gone to her village two days ago with her younger son- Pinku. She had gone to her village to talk to her deceased son Subhash's wife Smt. Sushma (co-accused) and her (Smt. Sushma) two sons, namely, Amit Kumar (present applicant) and Ankit regarding the settlement. On 21/5/2022, there was an altercation with Smt. Sushma and her two sons. She (informant) sent her son-Pinku to the terrace to sleep. At night, her son-Pinku was given liquor and when he got drunk, kerosene was poured over him and he was set on fire. When he did not come down in the morning, she (informant) sent her younger grandson to the roof, who told her that his uncle (deceased) had been burnt in the fire. She went to the roof. Her son (Pinku) died in front of her. The First Information Report was registered against the present applicant, his mother- Smt. Sushma and his real brother- Ankit. The inquest panchnama was drawn. As per the post-mortem report dtd. 22/5/2022, the dead body of the deceased was burnt to the extent of 80 to 85 %. However, cause of death of the deceased was asphyxia due to anti-mortem compression of neck due to throttling. Ankit, brother of the present applicant, was exonerated by the Investigating Officer during the investigation. Upon conclusion of the investigation, charge-sheet was filed.

(3.) Heard Mr. Vikas Anand, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.