ORDER :

Bhaskar Raj Pradhan, J.

1. An application for bail under section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been filed on 22.01.2021 by the applicant who has been charge-sheeted by the respondent. The learned Sessions Judge, East Sikkim at Gangtok (the learned Sessions Judge) has framed charges under sections 302 and 201 of the Indian Penal Code, 1860 (the IPC) against the applicant on 17.07.2020. Out of 21 prosecution witnesses, only one witness has been examined till date.

2. According to the prosecution, on 03.06.2019 a written report was received from the panchayat member of Upper Pachak, East Sikkim, stating that one Passang Kinzi Sherpa of the same village was found dead in the courtyard of the house owned by the applicant. Based on the information, Rangpo P.S U.D Case No. 10/2019 dated 03.06.2019 under section 174 Cr.P.C. was registered and endorsed to the Investigating Officer for investigation. During the investigation, the Investigating Officer found certain suspicious circumstances and on further examination, one witness named Nirmala Rai of Upper Pachak disclosed that the applicant had killed the deceased by twisting her neck inside the sitting room