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CRLA/198/2021
2022 Latest Caselaw 2211 UK

Citation : 2022 Latest Caselaw 2211 UK
Judgement Date : 21 July, 2022

Uttarakhand High Court
CRLA/198/2021 on 21 July, 2022
               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                     COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 CRLA No. 198 of 2021
                                 Hon'ble S.K. Mishra, J.

Hon'ble Alok Kumar Verma, J.

Mr. Bhupesh Kandpal, learned counsel holding brief of Ms. Gurbani Singh, learned counsel for the appellant.

Mr. J.S. Virk, learned Deputy Advocate General along with Mr. Pankaj Joshi, learned Brief Holder for the State.

This is a successive bail application filed by the appellant under Section 389 of the Code of Criminal Procedure, 1973. Appellant's First Bail application was rejected by the Co-Ordinate Bench on 05.10.2021, in which, one of us, namely, Shri Justice Alok Kumar Verma is a Member.

We have carefully examined the records and we are of the opinion that the recovery of sickle at the instance of the appellant, which was found to be stained with blood or matching that of the blood found in the wearing apparels of the deceased, on a D.N.A. profile, extra judicial confession made by the appellant before a witness and the homicidal nature of the death, prima facie, establishes that the alternate analysis there is no stateable probability of overturning the judgment of conviction to that of an acquittal.

In that view of the matter, we are not inclined to grant bail to the appellant.

of 2021) is rejected.

Since the appellant is in jail, the appeal be listed for final disposal in the first week of February, 2023.

(Alok Kumar Verma, J.) (S.K. Mishra, J.) 21.07.2022

AK/SB

 
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