Uttarakhand High Court
CRLA/16/2021 on 20 April, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH
CHAUHAN
AND
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
IA BAIL APPLICATION NO. 2 OF 2021
IN
CRIMINAL APPEAL No. 16 OF 2021
20TH APRIL, 2021
Between:
Narender alias Ninder ...Appellant.
and
State of Uttarakhand ...Respondent
Counsel for the appellant: Mr. M.K. Goyal, learned
counsel for the
appellant.
Counsel for the respondent :Mr. J.S. Virk, learned
Deputy Advocate
General for the State of
Uttarakhand.
The Court made the following:
JUDGMENT : (per Hon'ble Mr. Justice Alok Kumar Verma)
This application (IA No. 2 of 2021) is filed by the
appellant seeking bail in this criminal appeal.
2. This criminal appeal has been filed by the
appellant-accused against the judgment dated
18.12.2020/19.12.2020 passed by the learned Third
Additional Sessions Judge, Haridwar, in Sessions Trial
No. 219 of 2014 "State vs. Narender alias Ninder and
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three others", by which the appellant-accused has been
convicted for the offence punishable under Section 302
of the Indian Penal Code (hereinafter referred to as the
"IPC"), and has been sentenced to undergo rigorous
imprisonment for life, along with a fine of Rs. 10,000/-.
The appellant has been further convicted for the offence
punishable under Section 201 of IPC, and has been
sentenced to undergo three years' rigorous
imprisonment, along with a fine of Rs. 5,000/-, with
default imprisonment.
2. Heard the learned counsel for the parties.
3. Mr. M.K. Goyal, the learned counsel for the
appellant, submitted that there are strong prima facie
grounds for substantial doubt about the conviction; the
case of the prosecution is based on circumstantial
evidence; the chain of events to connect the appellant
with the crime is incomplete; the prosecution has failed
to establish the place of recovery and recovery itself; the
appellant was on bail during trial, and the conditions of
the bail were not misused or violated by the appellant.
4. Mr. J.S. Virk, the learned Deputy Advocate
General for the State of Uttarakhand, opposed the bail
application. However, he fairly conceded that the
2
appellant was on bail during trial, and the conditions of
the bail were not misused, or violated by the appellant.
5. Having considered the submissions of the
learned counsel for both the parties, without expressing
any opinion as to the merits of the case, this Court is of
the opinion that the appellant deserves bail at this stage.
6. The Bail Application (IA No. 2 of 2021) is
allowed. Let the appellant, namely, Narender alias
Ninder, S/o Kuldeep Singh, R/o Village Mithi Beri, Police
Station Shyampur, District-Haridwar, be released on bail,
provided he submits a personal bond of Rs. 30,000/-
(Rupees Thirty Thousand), and two sureties of the same
amount to the satisfaction of the learned Trial Court. He
is further directed to observe the following conditions:
i. The applicant shall maintain peace and
tranquility during the pendency of the appeal.
ii. The applicant shall not directly or indirectly
make any inducement, threat or promise to any
person acquainted with the facts of the case.
iii. The applicant shall report to the jurisdiction
of police on every Monday of each week of each
month.
_____________________________
RAGHVENDRA SINGH CHAUHAN, C.J.
___________________
ALOK KUMAR VERMA, J.
Dt: 20TH April, 2021
Rathour
