Uttarakhand High Court
Nandan Singh vs State Of Uttarakhand on 30 August, 2025
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
THE HON'BLE SRI JUSTICE ALOK MAHRA
30th AUGUST, 2025
FIRST BAIL APPLICATION (IA No.01 of 2023)
In
CRIMINAL APPEAL No. 485 of 2023
Nandan Singh ....Appellant
Versus
State of Uttarakhand ....Respondent
Counsel for the Appellant : Mr. R.S. Sammal, Advocate.
Counsel for the State : Mr. G.S. Sandhu, Additional
Advocate General.
WITH
FIRST BAIL APPLICATION (IA No.01 of 2023)
In
CRIMINAL APPEAL No. 501 of 2023
Himanshu Bisht and two Others ....Appellants
Versus
State of Uttarakhand ....Respondent
Counsel for the Appellants : Mr. B.M.Pingal, Advocate with
Mr. Prabhakar Narayan,
Advocate.
Counsel for the State : Mr. G.S. Sandhu, Additional
Advocate General.
(Per : Shri Alok Kumar Verma, J.)
Appellants have been convicted and
sentenced to undergo life imprisonment along with a
fine of Rs.5,000/- each for the offence punishable under
Section 302 of the Indian Penal Code, 1860 (in short,
2
"IPC"); they have been convicted for the offence
punishable under Section 324 IPC and have been
sentenced to undergo rigorous imprisonment for a
period of two years along with a fine of Rs.2,000/-
each; and they have been further convicted for the
offence punishable under Section 147 IPC and have
been sentenced to undergo rigorous imprisonment for a
period of one year with a fine of Rs.1,000/- each vide
judgment dated 27.07.2023 and 28.07.2023, passed by
learned Ist Additional District and Sessions Judge,
Nainital in Sessions Trial No. 5 of 2019. All the
sentences have been directed to run concurrently
2. According to the prosecution case, Lakhan
Singh, Lal Singh and five other persons beat the Jeevan
Chandra (PW2), Dinesh Chandra (PW3) and Pooran
Chandra with lathi and danda. They got injured and
due to injuries, Pooran Chandra died.
3. These two Criminal Appeals have arisen from
a common judgment. Therefore, these Bail Applications
(IA No. 1 of 2023) are being decided by this common
order.
4. The Criminal Appeal No. 485 of 2023 is being
treated as a leading case.
5. Heard Mr. R.S. Sammal, Advocate, Mr. B.M.
Pingal, Advocate and Mr. G.S. Sandhu, Additional
Advocate General.
3
6. Mr. R.S. Sammal, Advocate appearing for the
appellant in Criminal Appeal No. 485 of 2023 and Mr.
B.M. Pingal, Advocate appearing in Criminal Appeal No.
501 of 2023, contended that the appellants were not
named in the First Information Report. Test
Identification Parade was not conducted during the
course of the investigation. The alleged injured persons
stated that Lakhan Singh, Lal Singh and others were
beating the deceased. They do not know the names of
other persons. The alleged recovered danda, used in the
offence, was not recovered at the instance of the
appellants. As per the prosecution, the said danda was
recovered at the instance of the injured Jeevan Chandra
(PW2) and Dinesh Chandra (PW3) from the spot after
seventeen days from the date of the incident.
Therefore, there is a substantial doubt about the
conviction. The appellants were on bail during the trial
and the conditions of bail were never violated or
misused by them. Appellants are residents of District
Nainital, therefore, there is no likelihood of their
absconding, and, they have no criminal antecedents.
7. Mr. G.S. Sandhu, learned Additional Advocate
General, has opposed the Bail Applications. However,
he has fairly conceded that the appellants were on bail
during the trial and conditions of bail were never
misused or violated by them.
4
8. Having considered the submissions of learned
counsel for both the parties, without expressing any
opinion as to the merits or demerits of the case, we are
of the view that the appellants deserve bail during the
pendency of these appeals.
9. The Bail Applications (IA No. 01 of 2023) are
allowed.
10. Let the appellants - Nandan Singh, Himanshu
Bisht, Kailash Singh and Yashwant Singh be released on
bail on their executing personal bonds and furnishing
two reliable sureties, each in the like amount, by each
one of them, to the satisfaction of the trial court.
11. A copy of this order be placed on the record
of Criminal Appeal No.501 of 2023.
__________________
Alok Kumar Verma, J.
____________
Alok Mahra, J.
Dt: 30.08.2025
Shiv/
