"Definitely A Mob-Lynching Case": Uttarakhand HC Denies Bail To 5, Directs Probe Against Cop For Not Providing Medical Aid To Deceased

The Bench of Justice Ravindra Maithani also directed probe against the in-charge of the Police Station who instead of further pursuing the medical advice of a doctor of C.H.C., confined the deceased in Police Thana.

Facts in brief

As per the FIR, the deceased was in a relationship with co-accused 'D' (name intentionally hidden) who had called him to her village. He came there along with witness Kailash and a Lalit Singh and when he was sitting with 'D', he was spotted by the villagers and was beaten.

His friend Kailash is an eye-witness of the entire incident, who categorically stated as to what had happened on that date and told the Investigating Officer that a crowd had gathered and started beating them mercilessly.

Significantly, some were capturing a video of the incident, which was also played in the Courtroom, and when the video of the incident was shown to the witness Kailash Singh, he distinctly identified each of the applicants and stated about it to the Investigating Officer.

Allegedly, after he was beaten mercilessly by the villagers in a group, the deceased was handed over to Police, who, though, got him examined medically, but, did not follow the treatment, did not go for investigation.

Court's observations

Denying bail to 5, the Court remarked thus:

"A young boy has been brutally beaten allegedly by the applicants and co-accused. Witnesses have stated that applicants also assaulted mercilessly the deceased and injured Kailash. Witnesses have verified it by examining the video clippings. There is no room for bail for such an offences. It is a heinous offence. Therefore, the bail application of all the applicants are liable to be rejected."

The Court directed the Senior Superintendant of Police, Almora to look into the aspect as to how and from whose device, the video clippings were obtained and entrust the investigation of the case to some senior officer who is conversant with the collection of scientific evidence and production of them in the Court.

"Who prepared the video? What is its source? Why the deceased was not referred to the higher centre or sent for investigation as suggested by the doctor at the community health centre, Dhauladevi are matters, which will definitely be raised at some subsequent stage. But, it is definitely a case of mob lynching" remarked the Court.

Regarding the role of the Police Officers, in-charge of the Police Station, the Court asked as to why his role was not investigated.

The role has been directed to be investigated particularly on the following points: -

• On April 28, 2021, the deceased was examined at C.H.C. Dhauladevi and the doctor advised for X-ray. Why X-ray was not done?
• Doctors at C.H.C. Dhauladevi after examining the deceased did not give any conclusive opinion it was subject to investigation. Why without further investigation as suggested by the Doctor deceased Bhuwan Chandra was lodged in Police Station?

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