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2024 DIGILAW 472 (UTT)

Saurabh Srivastava v. State of Uttarakhand

2024-07-09

RAVINDRA MAITHANI

body2024
JUDGMENT : (Ravindra Maithani, J.) : Applicant is in judicial custody in Case Crime No. 45 of 2022, under Sections 302, 307 IPC, Police Station Nehru Colony, District Dehradun. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. The applicant was staying with the deceased, who was his wife and two children in Dehradun. The applicant would quite frequently fight and quarrel with his wife, but they would settled together. The informant is father-in-law of the applicant. In the FIR, he records that he would make his daughter believe that they should continue together. On 29.01.2022, the deceased killed his wife. The daughter of the applicant informed it to his maternal grandmother and had then told the applicant had also beaten her up and pressed her neck. She also talked to her on video call. 4. Learned counsel for the applicant would submit that the applicant has no motive to kill his wife. The applicant and the deceased were married in the year 2014. The applicant and his wife were leading a good life. The applicant’s mother-in-law and father-in-law never complained of any act. 5. Learned State counsel would submit that it is a case of eyewitness account. The daughter of the applicant had seen the applicant killing his wife. 6. It is a 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. 7. The witnesses have stated that it is the applicant who would often beat his wife, the deceased. PW6 is daughter of the applicant and the deceased. She has supported the prosecution case. There are other witnesses also, who have supported the prosecution case. 8. Having considered, this Court is of the view that there is no ground to enlarge the applicant on bail. Accordingly, the bail application deserves to be rejected. 9. The bail application is rejected.