Uttarakhand High Court
Virendra Singh Bisht Alias Vishnu vs State Of Uttarakhand on 6 November, 2024
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 2095 of 2023
Virendra Singh Bisht Alias Vishnu ........Applicant
Versus
State of Uttarakhand ........Respondent
Present:-
Mr. B.S. Adhikari, learned Amicus Curiae.
Ms. Manisha Rana Singh, A.G.A. for the State.
Hon'ble Ravindra Maithani, J. (Oral)
Delay in filing counter affidavit is condoned.
Counter affidavit is taken on record. Delay Condonation
Application, IA No.2 of 2024, stands disposed of,
accordingly.
2. Applicant is in judicial custody arising out of
Sessions Trial No.126 of 2020, in Case Crime No.40 of 2020,
under Sections 302, 392, 411 IPC, Police Station- Kankhal,
District- Haridwar. He has sought his release on bail.
3. Heard learned counsel for the parties and
perused the record.
4. On 13.02.2020, the deceased Asha Rani was
found unconscious in her house. Her son, the informant,
was informed, who took the deceased to hospital, where she
was declared brought dead. The informant could realise that
the mobile phone of the deceased was missing.
Subsequently, it was revealed that many articles from the
house were also found missing. A report was lodged.
5. According to the prosecution case, on
19.02.2020, the applicant was apprehended and at his
instance, looted jewellery and a piece of bed sheet, by which
he killed the deceased, were also recovered from his house at
Delhi. It is also the prosecution case that the informant
identified the applicant in the CCTV footages based on his
body movement, as his face was not visible. It is further the
case of the prosecution that, in fact, the applicant was once
the tenant of the informant.
6. Learned counsel for the applicant would argue
that there are only two pieces of evidence against the
applicant; one is the CCTV footage, in which the applicant is
not identifiable by his face, but the informant tells it to the
Investigating Officer that by the body movement, the person
appears to be the applicant; the another piece of evidence is
the alleged recovery from the home of the applicant at Delhi,
but he would submit that the piece of bed sheet was never
sent to forensic, so as to connect the applicant with the
killing of the deceased.
7. Learned State Counsel fairly concedes that in the
CCTV footage, as per the prosecution, the face of the
applicant is not visible, but the informant could identify the
applicant by his body movement. She would submit that
certain articles were recovered at the instance of the
applicant and the articles were identified, as those belonging
to the deceased. She admits that that the bed sheet was
never sent for forensic examination.
8. It is a stage of bail. Much of the discussion is not
expected of. Arguments are being appreciated with the
caveat that any observation made in this order shall have no
bearing at any subsequent stage of the trial, or in any other
proceeding.
9. It is a case based on circumstantial evidence.
Admittedly, in the CCTV footage, the applicant has not been
identified. Merely, it is stated that based on the body
movement, the informant could tell that it was the applicant,
who was leaving his house. There is alleged recovery from
the home of the applicant on 19.02.2020. How the piece of
bed sheet, which was allegedly used in the offence, may be
connected with the offence? This and many more questions
would find answer during trial.
10. Having considered, this Court is of the view that
it is a case fit for bail and the applicant deserves to be
enlarged on bail.
11. The bail application is allowed.
12. Let the applicant be released on bail, on his
executing a personal bond and furnishing two reliable
sureties, each in the like amount, to the satisfaction of the
court concerned.
13. Let a copy of this judgment be forwarded to the
concerned jail for compliance.
(Ravindra Maithani, J)
06.11.2024
Ravi Bisht
RAVI
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52d4a59f37e6d2018d38d0b669a5c0
68799391e6bb, postalCode=263001,
BISHT
st=UTTARAKHAND,
serialNumber=AA64B1F44E60E652A
E5485ED764961E4E52FD29C6F03C2
0917020ED093405536, cn=RAVI
BISHT
Date: 2024.11.06 16:56:35 +05'30'
