VICKY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant seeks bail in connection with F.I.R. no.58/2013, under Sections 302, 365, 201 IPC and Section 3(2)5 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Jaspur, District Udham Singh Nagar. Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record. Initially, a missing report was lodged by the father of the victim on 28.03.2013 at P.S. Jaspur stating therein that the whereabouts of his son were not traceable since 27.03.2013 at 7:30 AM. It was stated in the said report that Vicky @ Karan Singh Valmiki and Anshit Sharma took informant's son from his home in order to celebrate Holi festival. The postmortem of the deceased was conducted on 29.03.2013, in which, it was revealed that the deceased sustained various ante -mortem injuries, the cause of death of the deceased was cardio -respiratory arrest due to head injury. According to learned Brief Holder, the victim was done away with by a danda (stick), but no bloodstain was found on the stick, which was allegedly recovered at the pointing out of co - accused. The report dated 23.05.2013 of F.S.L. reveals that no bloodstain was found on the stick. There is no eye -witness of the incident. It is not a case of direct evidence, instead, it is a case of circumstantial evidence. None of the witnesses saw the victim being taken by anyone to the jungle or being assaulted with a lathi. The applicant has no previous criminal history and is in jail since 28.03.2013.

(2.) CONSIDERING the duration of the applicant in judicial custody, as also the attenuating facts and circumstances of the case, a case of bail is made out in favour of the present applicant. The bail application is allowed. Let the accused -applicant be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount to the satisfaction of the C.J.M., Udham Singh Nagar.