reporting the case as ‘suicidal death by burns’ and subsequently the brother of the deceased preferred Writ Petition No.12913 of 2020 and this Court vide order dated 05.07.2021 entrusted the investigation to CBCID. As per the final report filed by the Police, they stated the circumstances which contradicted the dying declaration as, the relatives of the deceased had not stated about the audio and video statement of the deceased recorded by them on the way to Gandhi Hospital nor stated to the Medical Officer at the time of admission of the deceased nor stated to the Police at the time of conducting inquest and as per the audio – video recording submitted by them also, it was audible that some third person was prompting, insisting or forcing the deceased to tell the names of the alleged accused. As such, the case was closed by the Police by filing a final report reporting the matter as ‘suicidal death by burns’. Though the matter was again unearthed by the CBCID, there was no other evidence against the petitioner herein other than the confession of A1 and A3. As such, it is considered fit to grant anticipatory bail to the petitioner – A2 on certain conditions.
