In this second bail application, the High Court of Uttarakhand rejected the plea of Nisha Yadev, who filed an FIR alleging murder but faced contradictions regarding her family's presence at the time of the incident and call records suggesting illicit relations as motive.
Application rejected; bail not granted.
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.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Second Bail Application No. 147 of 2021
Nisha Yadev Alias Nishu ...Applicant
Versus
State of Uttarakhand ….Respondent
Present:Mr. Rajveer Singh and Mr. D.K. Tyagi , Advocates for the applicant. Mr. Lalit Miglani, A.G.A. for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant Nisha Yadav @ Nishu is in judicial custody in FIR No. 132 of 2021, under Sections 302, 120 B IPC, Police Station – Rudrapur, District Udham Singh Nagar. She has sought her release on bail.
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9:20 PM. According to the FIR, in the intervening night of 28.02.2021/01.03.2021 between 12:00 to 1:00, Sachin, Deepak and Vipin entered into the house of the applicant, they raised the volume of the television and shot her husband Rinku dead. Hearing the fire shot, the applicant, her sister Sushma and her brother Deepak went in the room of her husband, they noticed that the named accused were coming out from the room armed with a country-made pistols.
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told it to the IO, the on the date of incident they were not in the house of the applicant, instead they were in their house in Haldwani and it is the applicant, who informed them about the killing of deceased Rinku.
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Jitendra
2 issues framed by the court
Whether the second bail application of the applicant, who filed the FIR herself yet is accused of murder based on contradictory evidence, deserves to be allowed.
Whether the discrepancies in the FIR regarding the presence of the applicant's relatives and the call details record make the case fit for bail.
Nisha Yadev Alias Nishu
State of Uttarakhand
Ravindra Maithani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
