Uttarakhand High Court
CRLA/17/2020 on 31 March, 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
CRMA BAIL APPLICATION NO. 63 OF 2020
IN
CRIMINAL APPEAL No. 17 OF 2020
31ST MARCH, 2021
Between:
Surender Kaur and another ...Appellants.
and
State of Uttarakhand and others. ...Respondents
CRIMINAL APPEAL No. 7 OF 2020
Between:
Dalvinder Singh ...Appellant.
and
Uday Singh and another. ...Respondents
CRIMINAL APPEAL No. 16 OF 2020
Between:
Dalvinder Singh ...Appellant.
and
Sarabjeet Singh and others. ...Respondents
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CRMA BAIL APPLICATION NO. 65 OF 2020
IN
CRIMINAL APPEAL No. 20 OF 2020
Between:
Dalvinder Singh and another. ...Appellants.
and
State of Uttarakhand ...Respondent
CRMA BAIL APPLICATION NO. 64 OF 2020
IN
CRIMINAL APPEAL No. 21 OF 2020
Between:
Pradeep Singh @ Lakki ...Appellant.
and
State of Uttarakhand ...Respondent
Counsel for the appellants: Mr. I.M. Quddusi,
learned Senior
Advocate, assisted by
Mr. Poorank Singh
Rawat, and Mr. Jabar
Singh, Advocates.
Counsel for the respondents :Mr. J.S. Virk, learned
Deputy Advocate
General with Mr. R.K.
Joshi, learned Brief
Holder for the State of
Uttarakhand.
Mr. Shashikant
Shandilya, learned
counsel for the
complainant.
The Court made the following:
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JUDGMENT : (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)
Mr. I.M. Quddusi, the learned Senior Counsel
appearing for the appellants, submits that he does not
wish to press the Bail Application on behalf of Manpreet
Singh, S/o Dalvinder Singh. Therefore, the Bail
Application (CRMA No. 65 of 2020) qua Mr. Manpreet
Singh, S/o Dalvinder Singh is dismissed as not pressed.
2. Bail Applications (CRMA No. 63, 65, and 64 of
2020) have been filed on behalf of Surender Kaur, W/o
Dalvinder Singh, Karaj Singh, S/o Dalvinder Singh,
Dalvinder Singh, S/o Kehar Singh, and Pradeep Singh
alias Lakki, S/o Gernail Singh.
3. Mr. I.M. Quddusi, the learned Senior Counsel,
appearing for the appellants, submits that although
according to the eye-witnesses, these appellants were
armed with country-made pistols, except Smt. Surender
Kaur, during the course of the investigation, no country-
made pistol was recovered from them. Moreover, even
from the scene of the crime, neither any bullet, nor any
empty cartridges were recovered. Therefore, but for the
statements of the eye-witnesses, there is no evidence to
co-relate the appellants to the alleged offense.
Secondly, the appellants were on bail during the trial.
They did not mis-use the privilege of the bail. Therefore,
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even if they were to be released on bail during the
pendency of the present appeals, no danger would be
caused to the complainant. With regard to Dalvinder
Singh, the learned Senior Counsel submits that he is a
senior citizen. Therefore, his case should be treated at a
higher pedestal for being released on bail. Similarly,
Smt. Surender Kaur happens to be a lady. Therefore,
her case should also be treated at a higher pedestal than
the case of other appellants. Accordingly, he has prayed
that the benefit of bail should be granted to the
appellants.
4. On the other hand, Mr. S.K. Shandilya, the
learned counsel for the complainant, submits that
according to the eye-witnesses, all the appellants,
excepts Smt. Surender Kaur, were, indeed, armed with
country-made pistols. Even if the country-made pistol
has not been recovered from the appellants, the fault in
the investigation cannot be read in favour of the
appellants. However, he has frankly conceded, and in the
opinion of this Court rightly so, that during the trial, the
appellants have not abused the privilege of the bail. But
still the learned counsel has vehemently opposed the
grant of bail to the appellants.
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5. Without expressing any opinion on the merits
and demerits of the case, this Court is inclined to grant
bail to all the accused, namely, Surender Kaur, W/o
Dalvinder Singh, Karaj Singh, S/o Dalvinder Singh,
Dalvinder Singh, S/o Kehar Singh, and Pradeep Singh
alias Lakki, S/o Gernail Singh, provided they submit 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. They are further directed to
observe the following conditions:
i. The applicants shall maintain peace and
tranquility during the pendency of the appeals.
ii. The applicants shall not directly or indirectly
make any inducement, threat or promise to any
person acquainted with the facts of the case.
iii. The applicants shall report to the
jurisdiction of police on every Monday of each
week of each month.
6. The Bail Applications (CRMA No. 63, 65, and 64
of 2020) stand allowed accordingly.
_____________________________
RAGHVENDRA SINGH CHAUHAN, C.J.
___________________
ALOK KUMAR VERMA, J.
Dt: 31st March, 2021
Rathour
