YASHJEET ALIAS KALIA Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of instant application, the petitioner-Yashjeet alias Kalia alias Chachu S/o Sh. Chaman Lal R/o Searat, P/O Damtal, Tehsil Indora, District Kangra, Himachal Pradesh, at present lodged in District Jail, Jammu, seeks bail.

(2.) Learned counsel for the petitioner submitted that the accused was arrested on dated 24.10.2014 and is continuously in the judicial custody since then. During the course of judicial custody, the learned Court has recorded 29 witnesses and one witness has been given up namely Smt. Pushpa Devi, therefore, 10 are left out of 40 witnesses which are namely Sg.Ct Surinder Singh of Crime Branch, Jammu is a witness of seizure memo, Dr. Anita Gupta is Gynaecologist, GMC, Jammu is witness of post mortem report, Dr. Ruchi Khajuria is in Pathology Deptt. is a witness of post mortem report, Dr. Isha Pargal is a Forensic Medicine GMC, Jammu is a witness of post mortem report, Sh. Mool Raj, Scientific Officer, Biology/ Serology, FSL, Jammu is a witness of FSL report. Sh. Pawan Kumar Abrol is a Scientific Officer, FSL, Jammu is a witness of FSL report, Inspector Aejaz Ahmed Wani SHO, P/S Channi Himmat, Jammu is an investigating officer, Jeetan Ji Matoo Dy. SP (CRO) Crime Branch, Jammu is a Supervisory Officer and preparation of challan. Other witnesses which are recorded by the Ld. Court are either circumstantial witnesses or seizure memo witnesses but there is no direct or no circumstance witness which may implicate in any manner the applicant accused no. 3; that out of recorded witnesses so far no witness has stated anything against applicant which may be the basis of a conviction or does not inspire the confidence which may warrant ultimate conviction of the applicant accused no. 3.

(3.) The brief facts of the case are that on 10.10.2014, Police Station Channi Himmat, Jammu received information through telephone from Police Control Room Jammu to the effect that one girl namely Divya Manhas D/o Sh. Krishan Lal, R/o Marbel Market, Channi Himmat, Jammu was found in unconscious condition in front of the gate of her house. Since the girl did not regained her consciousness as such was taken to GMC, Hospital Jammu by her parents for treatment, but the doctors declared her as brought dead. Since the matter was pertaining to the death of a young girl in suspicious circumstance, as such, in order to verify the cause of death of deceased vide DD No. 26, dated 10.10.2014 proceedings u/s 174 Cr.PC were initiated by P/S Channi Himmat. During the course of inquest proceedings of the dead body of deceased was taken into possession from the mortuary room of GMC Hospital, Jammu. After receiving a letter from Addl. District Magistrate, Jammu, Principal GMC Jammu constituted board of four doctors for conducting the post mortem of deceased and subsequently the Medical Board of four doctors conducted the post mortem of deceased. Photography and videography of dead body was also conducted at GMC, Jammu by the officials of the Photography section of Crime Branch, Jammu. After Post Mortem the dead body of the deceased was handed over to her parents for last rites. Wearing apparels of deceased were also seized.