MOHIT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant seeks bail in connection with Case Crime no.132 of 2013, under Sections 302, 34 IPC, P.S. Kotwali Laksar, District Haridwar.

(2.) HEARD learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record. On the basis of a complaint filed by the father of the victim against the unknown persons, S.I. Virendra Singh lodged an FIR for the offences punishable under Sections 302, 34 IPC. It appears to be a case of honour killing, in which the applicant, who is the brother of deceased, is implicated, in as much as, the parents of the deceased were not happy with her marriage with Praveen Saini. Praveen Saini in his statement under Section 161 Cr.P.C. suspected that the victim was done away with by her father and brothers. Praveen Saini stated that the victim was his legally wedded wife, but her parents were not happy with such marriage, in as much as, he (Praveen Saini) was a physically challenged person. The marriage between Praveen Saini and Poonam was not solemnized publically. They married in a temple surreptitiously. The cause of death of the victim was asphyxia due to strangulation. Learned Brief Holder drew attention of this Court towards the application given by the victim to the S.O., Police Station, Laksar (Anneuxre -4 to the counter affidavit) for her protection and, argued that it was the applicant, who killed the victim. The applicant is in jail since 19.05.2013 and has no previous criminal history.