Uttarakhand High Court
CRLA/103/2021 on 20 July, 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
BAIL APPLICATION No.1 of 2021
In
CRIMINAL APPEAL No. 103 of 2021
20TH JULY, 2021
Between:
Vivek Thakur Alias Vikki Thakur
...Appellant
and
State of Uttarakhand. ...Respondent
Counsel for the : Mr. Shashikant Shandilya.
appellant.
Counsel for respondent. : Mr. J.S. Virk, learned Deputy
Advocate General for the State.
The Court made the following:
ORDER: (per Hon'ble Justice Sri Alok Kumar Verma)
This application is filed on behalf of the appellant
Vivek Thakur Alias Vikki Thakur for seeking bail in this
appeal.
2. This Criminal Appeal has been filed against the
judgment dated 09.03.2021/15.03.2021, passed by the
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learned IInd Additional District and Sessions Judge,
District Haridwar in Sessions Trial No. 118 of 2017 "State
Vs. Vivek Thakur Alias Vikki Thakur", whereby the
appellant has been convicted and sentenced to undergo
life imprisonment along with a fine of Rs.5,000/- in the
offence under Section 301/302 read with Section 120B of
IPC.
3. Heard Mr. Shashikant Shandilya, the learned
counsel for the appellant and Mr. J.S. Virk, the learned
Deputy Advocate General for the State on Bail Application
No. 01 of 2021 through video conferencing.
4. Mr. Shashikant Shandilya, the learned counsel
for the appellant submitted that according to the
prosecution story, the co-accused Sanjeev Maheshwari
Alias Jeeva had given the task of killing Subhash Saini to
the present appellant and the co-accused Sahrukh Alias
Pathan Alias Dhappu. Mistaking, the deceased Amit Dixit
Alias Goldi as Subhash Saini, the appellant had fired and
caused the death of Amit Dixit. However, there are no any
cogent and reliable evidence against the appellant. The
only so called evidence has been produced, is the
confession of the appellant before the police. The learned
counsel for the appellant further submitted that the
appellant was on bail during the trial and conditions of the
bail were neither violated nor misused by him and there
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are strong prima facie grounds for substantial doubt about
the conviction.
5. Mr. J.S. Virk, the learned Deputy Advocate
General for the State opposed the bail application.
However, he fairly conceded that there is confessional
statement of the appellant and the appellant was on bail
during the trial and the conditions of bail were neither
misused nor violated by him.
6. Having considered the submissions of learned
counsel for both the parties, and in the facts and
circumstances of the case, without expressing any opinion
as to the merit of the case, this Court is of the view that
the appellant deserves bail at this stage. The Bail
Application No. 01 of 2021, therefore, is allowed.
7. The appellant Vivek Thakur Alias Vikki Thakur
S/o Late Arun Thakur shall be released on bail on his
executing a personal bond of Rs.40,000/- and furnishing
two reliable sureties, each in the like amount, to the
satisfaction of the trial court with these conditions:-
(i) The appellant shall maintain peace and
tranquility during the pendency of the appeal.
(ii) The appellant shall not directly or indirectly
make any inducement, threat or promise to
any person acquainted with the facts of the
case.
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(iii) The appellant shall report to the jurisdiction of
police on every Monday of each week of each
month.
8. It is clarified that if the appellant misuses or
violates any of the conditions, imposed upon him, the
State will be free to move the Court for cancellation of
bail.
_____________________________
RAGHVENDRA SINGH CHAUHAN, C.J.
___________________
ALOK KUMAR VERMA, J.
Dt: 20th July, 2021
JKJ/Neha
