Hemraj Panwar v. State of Uttarakhand
Case brief
What is this about?
The High Court allowed an interim bail application filed by the accused in a domestic violence case involving injuries to a deceased wife, directing him to execute a personal bond and furnish sureties.
What did the court decide?
Bail granted. Accused directed to execute a personal bond and furnish two reliable sureties to the satisfaction of the Court.
What the court decided
A compact analysis
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.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
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| BAI No.343 of 2021 Hon’ble R.C. Khulbe, J. Mr. Lalit Sharma, learned counsel for the applicant. Mrs. Pushpa Bhatt, learned DAG along with Mr. Siddhartha Bisht, learned B.H. for the State. Accused–Hemraj Panwar has sought his release on bail in connection with Case Crime/FIR No.83 of 2020 (S.T. No.13 of 2020, ‘State vs. Hemraj & another’), u/s 304-B 498-A &120B IPC, registered at P.S. Kotwali, Uttarkashi, Distt. Uttarkashi. It is argued that the accused has been falsely implicated; he is languishing in jail since 20.07.2020; there is no criminal history against him; the deceased, who was the wife of the applicant, received burn injury due to leakage of domestic gas cylinder; he tried to safe her; accordingly, he took her at District Hospital Uttarkashi; thereafter, as per the direction of the Doctor, he took her wife at Kailash Hospital, Dehradun for her better treatment; he also received a burn injury and remain hospitalised at Kailash Hospital; he also informed the parents of the deceased, who reached at the hospital; there is no dying declaration; he is ready to furnish the sureties; and he may be granted bail. Per contra, learned counsel for the State opposed for bail. As per the FIR, the occurrence took place on 02.07.2020; the deceased was hospitalised at Kailash Hospital, Dehradun where she took her last breath on 05.07.2020; as per the medical report of the deceased, it was a burn injury. As per the medical report of the accused, he also received burn injuries on 02.07.2020 on his forehead and left leg;hewas also treated by |
| the attending Doctor at Kailash H the record, the deceased was b accused and informed the p deceased in time, who also r hospital; there is no dying decl _facie’_there is no evidence on deceased received the injuries the incident took place on 02.07. FIR lodged on 08.07.2020; the well aware about the incident; in did not inform the police in informant was remain present funeral; as per the statement Chandra Notiyal, the deceased injury due to leakage of gas accused has already served months; there is no chance for the evidence; the statements of have already been recorded. Thus, without going into case, it is a fit case for bail at this Accordingly, bail applicat and the applicant is directed to bail on his executing a perso furnishing two reliable suretie amount, to the satisfaction concerned. Pending application, if disposed of. (R.C. K 25.10 BS |
ospital. As rought by arents of eached at aration;‘pr record that through pe 2020 while informant spite of that between; at the time of PW-5 received b cylinder; more than tampering star witne merits of stage. ion is allo be released nal bond s in the of the C any, sta hulbe, J.) .2021 |
per the the the ima the trol; the was , he the of R. urn the 15 with sses the wed on and like ourt nds |
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Issues for consideration
2 issues framed by the court
Whether the accused, charged with offences under sections 304-B, 498-A and 120-B IPC, is eligible for bail despite the opposition by the State.
Whether the circumstances of the case constitute a fit case for granting interim bail pending the disposal of the main application.
Parties & counsel
- applicant
Hemraj Panwar
- respondent
The State
Coram
R.C. Khulbe
Case details
As recorded by the court registry
- Court
- Uttarakhand HC
- Decided on
- · October
- Registered
- Case no.
- BA1/343/2021
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