A bail application by Adesh Kumar Gangwar, alleged accomplice in disposing of a dead body in a murder case, was allowed. The court considered it a case for bail despite the serious nature of the offences.
Applicant released on bail by executing a personal bond and furnishing two reliable sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction
Dated: Nainital: the 16th day of May, 2014
Ist Bail Application No. 375 of 2014
Order on the Bail Application: CRIMINAL SIDE
Adesh Kumar Gangwar …… Applicant Versus State of Uttarakhand …… Opposite Party
Mr. S.C. Bhatt, Advocate for the applicant. Mr. S.S. Adhikari, Brief Holder for the respondent State.
U.C. Dhyani, J. (Oral)
Applicant Adesh Kumar Gangwar, who is in jail in connection with FIR no. 150 of 2013, in respect of offences punishable under Sections 302, 201 of IPC, relating to Police Station, Pant Nagar, District Udham Singh Nagar has sought his release on bail.
Heard learned counsel for the parties, perused the documents on record and considered the grounds taken up in the bail application.
An FIR was lodged by a Sub Inspector of police against unknown person(s) for the offences punishable under Sections 302, 201 of IPC. The police personnel on having come to know through wireless set that a dead body of a woman was found, went to the place to see that the dead body of a woman was kept inside a jute bag. Signs of strangulation were there on the unidentified dead body.
2
The complicity of the present applicant came to the fore on the basis of the statement of main accused Rajeev Kumar Gangwar, who confessed to the police, that he killed the victim and thereafter her dead body was dumped in a gutter with the help of present applicant and another. Thus the allegation against the present applicant is that he caused disappearance of the dead body with the intention of screening the offender from legal punishment.
Considering the role assigned to the present applicant, that too on the basis of the confessional statement of the main accused, this Court thinks that it is a case for grant of bail.
The bail application is allowed. Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of CJM, Udham Singh Nagar.
Dt. May 16, 2014. Negi
1 issue framed by the court
Whether to grant bail to an accused alleged to have helped dispose of a dead body causing disappearance of evidence in a murder case.
1 provisions across 1 enactments
Adesh Kumar Gangwar
State of Uttarakhand
U.C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
