Uttarakhand High Court
Brijesh Kashyap Alias Chhunne vs State Of Uttarakhand on 18 September, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
AND
THE HON'BLE SRI JUSTICE PANKAJ PUROHIT
18TH SEPTEMBER, 2023
SECOND BAIL APPLICATION (IA No. 12 of 2023)
BAIL APPLICATION (IA No. 13 of 2023)
In
CRIMINAL APPEAL NO. 204 of 2021
Brijesh Kashyap Alias Chhunne
and Others .....Appellants
Versus
State of Uttarakhand ...Respondent
Counsel for the Appellants : Mr. S.R.S. Gill, Advocate
and Mr. Vikas Anand,
Advocate.
Counsel for the State : Mr. M.A. Khan, Assistant
Government Advocate.
Upon hearing the learned counsel for the parties, this
Court made this following judgment:
(Per: Shri Alok Kumar Verma, J.)
Heard Mr. S.R.S. Gill, Advocate, Mr. Vikas Anand,
Advocate and Mr. M.A. Khan, Advocate, on the First Bail
Application (IA No.13 of 2023) of Ashok Kashyap, appellant
no.2 and Second Bail Application (IA No.12 of 2023) of
Brijesh Kashyap alias Chhunne, appellant no.1.
2. The First Bail Application (No.2 of 2021) of the
appellant no.1 Brijesh Kashyap alias Chhunne was rejected
on 24.05.2022.
3. Appellants have been convicted and sentenced to
undergo life imprisonment along with a fine of ₹5,000/- each
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under Section 302 read with Section 34 of Indian Penal Code
(in short, "IPC"); they have been convicted and sentenced to
undergo rigorous imprisonment for a period of ten years
along with a fine of ₹5,000/- each under Section 364 IPC,
and, they have been further convicted and sentenced to
undergo rigorous imprisonment for a period of three years
along with a fine of ₹2,000/- each under Section 201 IPC. All
the sentences have been directed to run concurrently.
4. The case of the prosecution is that on 09.07.2014,
Sunil Kumar aged about 20 years (deceased), son of the
informant, went to meet with the contractor in connection to
labour work, but he did not return home. Appellants were
arrested. The dead body of the deceased was recovered on
the pointing out of the appellants.
5. Mr. S.R.S. Gill, Advocate, contended that the
appellants were not named in the F.I.R. As per the
prosecution story, the dead body of the deceased was
recovered from the forest area of Gadarpur, Bazpur, but
there is no disclosure statements of the appellants. The dead
body of the deceased was not recovered on the pointing out
of the appellants and there is no motive to commit the
murder of the deceased. The dead body was not
identifiable. Therefore, there are substantial doubts about
the conviction. Appellants have been in judicial custody for
more than three and a half years. Appellants are permanent
resident of District Udham Singh Nagar, therefore, there is
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no chance of their absconding. Appellants have no criminal
history, and, the appellants were on bail during the trial and
the conditions of bail were never misused by them.
6. Learned counsel for the State has opposed the
bail application, however, he fairly conceded that the
appellants were on bail during trial and the conditions of bail
were never misused by them.
7. Considering the facts and circumstances of the
case, this Court is inclined to grant bail to the appellants,
namely, Brijesh Kashyap alias Chhunne and Ashok Kashyap,
provided they submit their personal bonds and two reliable
sureties each in the like amount to the satisfaction of the
court concerned with the condition that the appellants shall
maintain peace and tranquility during the pendency of the
appeal.
8. The Bail Application (IA No.13 of 2023) and
Second Bail Application (IA No.12 of 2023) stand disposed of
accordingly.
___________________
ALOK KUMAR VERMA, J.
___________________
PANKAJ PUROHIT, J.
Dt: 18.09.2023
SK
