Abhishek Chauhan Vs State of Uttarakhand

BA1 No.2182 of 2019 Hon’ble R.C. Khulbe, J.

Ms. Pushpa Joshi, Sr. Adv. assisted by Ms. Chetna Latwal, Adv. for the applicant.

Mr. Pankaj Joshi, B.H. for the State.

Applicant-Abhishek Chauhan has sought his release on bail in connection with case crime no.55 of 2019 u/s 498-A and 304-B IPC, registered at P.S. Raiwala, Distt. Dehradun.

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It is argued that the applicant is falsely implicated; no offence is made out; he has no previous criminal history; at the time of incident, he was not present at the spot; as per the viscera report, no poisonous substance was found; his father, after informing the informant about the incident, took the deceased to the hospital where the deceased breathed her last; and there is no dying declaration of the deceased.

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Per contra, learned State Counsel though opposed for bail.

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No poisonous substance was found in the viscera of deceased; whether the deceased hanged herself or was hanged by the accused, it is a matter of evidence; as per the post-mortem report, no injury was found on her body; father-in-law and mother-in-law have already been enlarged on bail; the accused is in jail since 7.9.2019 and it will take time in conclusion of trial.

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In these circumstances, without making any comment as to the final merits, the applicant has been able to make out a case for bail at this stage. The bail application is allowed. The applicant shall be enlarged on bail on executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Court concerned. Pending application, if any, stands disposed of

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Rdang

Abhishek Chauhan v. State of Uttarakhand

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Abhishek Chauhan v. State of Uttarakhand

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