CRLA/291/2022
2022 Latest Caselaw 3844 UK

        IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
                 SHRI JUSTICE S.K. MISHRA, J.

AND SHRI JUSTICE ALOK KUMAR VERMA, J.

30th NOVEMBER, 2022

Bail Application No.01 of 2022 In CRIMINAL APPEAL NO.291 of 2022 Between:

Vazir                                                  ...Appellant

and
State of Uttarakhand                                   ...Respondent

                               With
                  Bail Application No.01 of 2022
                               In
           CRIMINAL APPEAL NO.292 of 2022
Between:
Adbul Gani                                             ...Appellant

and
State of Uttarakhand                                   ...Respondent


Counsel for the appellants          :   Mr. Ghanshyam Joshi,
                                        Advocate.

Counsel for the respondent          :   Mr. Rakesh Kumar Joshi,
                                        Brief Holder for the State.

Upon hearing the learned Counsel for the parties, the Court made the following

ORDER: (per Shri Alok Kumar Verma, J.)

These two Criminal Appeals have arisen from a

common judgment dated 14.06.2022, passed by the

learned IIIrd Additional Sessions Judge, Haridwar in

Sessions Trial No.377 of 2014, "State vs. Vazir and

Others", by which, the appellants have been convicted and

sentenced to undergo imprisonment for life along with a

fine of Rs.10,000/- each for the offence under Section 302

of the Indian Penal Code, 1860 (in short, "IPC"); they

have been convicted for the offence punishable under

Section 201 IPC and have been sentenced to undergo

rigorous imprisonment for a period of three years along

with a fine of Rs.5,000/- each, and, they have been

further convicted and sentenced to undergo rigorous

imprisonment for a period of three years along with a fine

of Rs.5,000/- each for the offence under Section 404 IPC.

All the sentences have been directed to run concurrently.

2. Miscellaneous Application (IA No.02 of 2022)

(objection(s) to the bail application), is taken on record.

3. Heard the learned counsel for the parties.

4. Mr. Ghanshyam Joshi, learned counsel for the

appellants, submitted that the appellants have been falsely

implicated; before recovery of two skeleton, police were

present at the sight of the recovery, and, the prosecution

has failed to prove its case beyond all reasonable doubt.

5. On the other hand, the learned counsel

appearing for the State opposed the bail applications and

submitted that according to the prosecution case, there

were love relationship between the deceased, aged about

15 years, the daughter of the informant and the deceased

- Sajid; the skeleton of the deceased daughter of the

informant along with her clothes, slippers and a skeleton

of the deceased - Sajid along with his clothes were

recovered at the pointing out of the appellants, and, the

D.N.A. of the deceased persons have matched with the

D.N.A. of the blood of the mother and the father of the

deceased persons.

6. Mr. Rakesh Kumar Joshi, learned Brief Holder for

the State, further submitted that the prosecution has

examined eighteen witnesses and they have supported the

case of the prosecution.

7. At the stage of assessing whether the case is fit

for the grant of bail, the Court is not required to enter into

the detailed analysis of the evidence on record. At this

stage, detailed appreciation of evidence shall affect the

merits of the case. If a strong prima facie ground is

disclosed for substantial doubt about the conviction, it may

be a ground to grant bail. Such a ground does not appear

in the present case. Therefore, both the bail applications

have no merit. The bail applications are rejected.

8. List these Appeals on 16.05.2023 for final

disposal.

9. A copy of this order be placed on the record of

Criminal Appeal No.292 of 2022.

10. Urgent certified copy of this order be provided to

the parties, as per Rules.

________________ S.K. MISHRA, J.

___________________ ALOK KUMAR VERMA, J.

Dt: 30th November, 2022 Pant/