Bhagwan Deyi vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Smt. Bhagwan Deyi, is in judicial custody FIR No. 105 of 2022, under Section 302, 34 IPC, Police Station Banbhulpura, Haldwani, District Nainital. She has sought her release on bail.

Heard learned counsel for the parties and perused the record.

This is second bail application. The first bail application was dismissed in non prosecution on 10.11.2022.

According to the FIR, in a family dispute, the applicant exhorted other family members to push the deceased Manju from the roof top, which they did. Resultantly, according to the FIR, the deceased died.

Learned counsel for the applicant would submit that there is no evidence against the applicant. The only role assigned is that of exhortation. Learned counsel would also submit that it is a family dispute.

Learned State counsel admits that the applicant is not the actual person, who pushed the deceased, but she exhorted the co-accused to push the deceased.

Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on her executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.