IMPORTANT POINT
The court established that the grant of bail can be justified when the accused has no criminal history, the investigation is complete, and there is no substantial evidence indicating a risk of absconding or tampering with evidence.

JUDGMENT :

Alok Kumar Verma, J.

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No. 138 of 2023, registered at police station Patel Nagar, District Dehradun.

2. Present Applicant is in judicial custody under Section 304 and Section 504 of the Indian Penal Code, 1860.

3. The case of the prosecution is that the brother of the informant was addicted to drugs. He was admitted to the Drug De-Addiction Center, Dehradun. The present applicant was the owner of the said Center. The informant received a phone call from the owner of the said Center on 20.03.2023 at 8:00 o’ clock. He informed him that his brother had died. He reached the said Center and found that all the data of CCTVs of the Center were deleted. Inquest proceedings and post-mortem examination of the dead body of the deceased were conducted. As per the post-mortem report, the cause of death could not be ascertained, therefore, viscera was preserved. After conclusion of the investigation, a charge-sheet was filed.

4. Opposing the bail application, Mr. M.K. Chand, learned A.G.A. submitted that CCTV was installed at the place of the incident. The present applicant had deleted the CCTV footage of the date of the incident. However, Mr. M.K. Chand, A.G.A., submitted that viscera report has not been received yet.

5. Mr. Vikas Singh Yadav, Advocate, contended that the applicant is an innocent person. He has been implicated in the present matter. No specific role of the applicant has been assigned. He did not delete the CCTV footage. He does not have any criminal antecedents. He is a permanent resident of District Rudraprayag, therefore, there is no chance of his absconding. Charge-sheet has already been filed, therefore, there is no possibility of tampering with the evidence. Two co-accused persons have been granted bail by the Court of Session. One co-accused has been granted bail by this Court, and, he is in custody since 24.03.2023.

6. Mr. M.K. Chand, learned A.G.A. has fairly conceded that the applicant has no criminal history.

7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

8. The Bail Application is allowed.

9. Let the applicant –Subham Bhatt be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.