GOPAL KRISHAN Vs. UT OF J&K

JUDGEMENT

(1.) Heard.

(2.) After having failed to earn statutory/default bail under the aegis of sec. 167(2) Cr.P.C., 1973, from the Court of learned Sessions Judge, Udhampur, the petitioners have come to approach and seek from this court the very same relief of statutory/default bail riding on the premise that the failure on the part of the Investigation Authority of the Police Station Udhampur to submit a cognizable final police report/ challan under sec. 173 Cr. P.C. within the given period of 90 days had afforded the right to and in favour of the petitioners to ask for the release on bail which they had asked for but came to be declined by the Court of learned Sessions Judge, Udhampur.

(3.) On 24/8/2021, an FIR no. 322/2021 came to be registered by the Police Station Udhampur. Registration of this FIR is related to an incident of death of one Rakesh Kumar which is reported to have happened on 30/6/2021 but the information about the same was lodged on 1/7/2021 with the Police Station Udhampur which initiated inquest proceedings to enquire the nature and state of circumstances attending the death of said Rakesh Kumar. During currency of the inquest proceedings, following a direction under sec. 156(3) Cr. P.C., vide a magisterial order dtd. 16/8/2021, said FIR no. 322/2021 came to be registered by the Police Station Udhampur for alleged commission of offences under sec. 302/201/34 IPC.