IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.567 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Km. Kaushi D/o Rakesh Kumar Chaudhary R/o and C/o Sri Prem Singh Dhami, Pollysheet Colony, Kathgodam, P.S. Kathgodam, District Nainital ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: June 8, 2010 ____________________________________________________________________ Arising out of FIR No.108 of 2010 Under Sections 302 and 201 of IPC P.S. Haldwani, District Nainital ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Mr. H.M. Bhatia, Advocate for the applicant and Mr. Amit Bhatt, Addl. Government Advocate for the State as well as Mr. B.S. Parihar, Advocate for the complainant. Perused the record. In brief, the prosecution case is on 10.3.2010 Anurag Chauhan lodged a report in the Police Station Haldwani with the averments that his sister Alpana Chauhan was married to co-accused Nitin Parmar three years before. He alleged that the co-accused Nitin Parmar was having illicit relations with number of women and he used to bring those women at his residence for which his sister used to oppose. On 10.3.2010, co-accused Nitin Parmar brought the applicant Km. Kaushi at his residence in presence of his sister, with whom he was having illicit relations and he also wanted to marry with her. Due to this, some quarrel took place between the deceased and the co-accused. Co- accused Nitin and applicant Km. Kaushi beaten his sister as a result of which her three teeth also got broken. He further alleged that co-accused Nitin and applicant have committed murder of his sister inside the house and to conceal the evidence of murder, they planted the gas cylinder in the bed and lit fire on it and thereafter co- accused Nitin came outside by raising alarm but he did not made any attempt to save his sister. At the same time, Smt. Ramshri who was working in the field near the house of his sister came there and dragged half burnt dead body of his sister. It is averted that the said incident took place in the day time at about 01:30 PM. With the same averments, Anurag Chauhan, brother of the victim Alpana Chauhan lodged a report in the police station. Learned counsel for the applicant submitted that there are no specific allegations against the applicant and she has been falsely implicated in the said case. Contrary to this, learned Additional Government Advocate while opposing the bail of the applicant strongly argued that the applicant/accused in collusion with co-accused Nitin Parmar has committed murder of Alpana Chauhan. In the post-mortem report, as many as nine ante-mortem injuries have been recorded by the Medical Officer, which corroborates the contents of the FIR. Further, during the course of investigation, the I.O. recorded the statements of Ramshri and Heera Lal u/s 161 Cr.P.C. Both of them have fully supported the prosecution case in their statements. The I.O. also recorded the statement of Beenita Chauhan, sister-in-law (Babhi) of the deceased, who has stated that on 10.3.2010 just before the said incident, deceased Alpana Chauhan informed her on telephone that the applicant Km. Kaushi and co-accused Nitin Parmar wants to kill her as they are having illicit relations with each other and both of them wants to marry with each other. Perusal of the contents of FIR and post-mortem report as well as statement of Ramshri, Heera Lal and Beenita Chauhan prima facie indicates that the applicant-accused Km. Kaushi was having illicit relations with the husband of the deceased. On 10.3.2010, she in connivance with co- accused Nitin Parmar committed murder of Alpana Chauhan and thereafter with intention to destroy the evidence of murder, she and the co-accused planted gas cylinder in the room and lit fire on it and thereafter burnt the dead body of the deceased. Keeping in view all these facts and circumstances and looking to the gravity of offence, it is not a fit case where the applicant should be released on bail. Bail application is rejected accordingly. (Dharam Veer, J.) 08.06.2010 RG