Vimla Rani vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in FIR No. 236 of 2024, under Section 304 IPC, Police Station Bazpur, District Udham Singh Nagar. She has sought her release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 30.04.2024 morning at about 1:00-2:00, the applicant attacked her husband deceased Ramesh Chandra and killed him.

Learned counsel for the applicant would submit that the act of the applicant was done in her self-defence. The deceased i.e. the husband of the applicant was a drug addict. He would quite often torture and beat the applicant and her children. It was almost daily routine. On the date of incident also, the applicant was asleep with her children, when the deceased pulled her up and started beating her. In order to save herself, the applicant also hit him back. Thereafter, she went to lodge a report, but meanwhile, the deceased died. He would refer to the statements of the children, namely, Kanika, Anchal and Rishab recorded during investigation.

Learned counsel for the informant would submit that this is not a case under Section 304 IPC, instead it may reach up to the extent of offence under Section 302 IPC. He would refer to the post mortem report to argue that there are as many as seven injuries on the person of the deceased. The applicant had run away from the scene of occurrence. She gave a false statement.

Learned State counsel would submit that the weapon of offence was recovered at the instance of the applicant. There is extra judicial confession also.

It is the stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.

The statements of the children who were asleep with her mother, who is the applicant, on the date of incident is quite important. According to them, on the date of incident, the applicant was asleep with her children, when the deceased made the applicant to open the door. According to the statements of the children, the deceased would quite often beat up the applicant. He was a drug addict. He was not working anywhere and on the date of incident again in a fight, the deceased died.

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