Uttarakhand High Court
Nadeem And Others ....Appellants vs State Of Uttarakhand on 1 November, 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
01st NOVEMBER, 2025
Second Bail Application (IA No.8650 of 2024)
in
CRIMINAL APPEAL No.663 of 2019
Nadeem and Others ....Appellants
Versus
State of Uttarakhand ....Respondent
Counsel for the Appellants : Mr. T.A. Khan, Senior
Advocate assisted by Mr.
Mohd. Shafy, Advocate.
Counsel for the Respondent : Mr. S.C. Dumka, Assistant
Government Advocate.
(Per : Shri Alok Kumar Verma, J.)
This Appeal has been filed by Nadeem, Ashif
alias Salim and Nizam alias Chotu. They have been
convicted and sentenced for the offence punishable
under Section 302 read with Section 34 of the Indian
Penal Code, 1860 (in short, "IPC"), Section 394 IPC and
Section 411 IPC vide judgment dated 23.10.2019 /
31.10.2019, passed by the learned Additional Sessions
Judge, Vikasnagar, District Dehradun in Sessions Trial
No.136 of 2012.
2. The present Bail Application (IA No. 8650 of
2024) has been filed by the appellant no.2 Ashif alias
Salim.
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3. The First Bail Application of the appellant
was rejected on 19.11.2020.
4. The case of the prosecution is that three-four
unknown persons entered the house at night, beat the
informant's uncle and aunt and took away jewelery and
money. The injured were taken to hospital. His uncle
died due to injuries sustained in the said incident.
5. Heard Mr. T.A. Khan, learned Senior Advocate
for the appellant and Mr. S.C. Dumka, learned Assistant
Government Advocate for the State.
6. Mr. S.C. Dumka, learned Assistant
Government Advocate, has opposed the Bail Application
on the ground that the case against the appellant is
proven and he has a criminal history.
7. Mr. T.A. Khan, learned Senior Advocate
appearing for the present appellant Ashif alias Salim has
submitted that the appellant has been acquitted in the
Case Crime No.34 of 2008 under Section 302 IPC and
Section 120B IPC, Case Crime No.68 of 2008 under
Section 25 of the Arms Act, 1959, Case Crime no.388 of
2008 under Section 3(1) of the Uttar Pradesh Gangsters
and Anti-Social Activities (Prevention) Act, 1986, Case
Crime No 72 of 2012 under Sections 302, 394 and
Section 411 IPC, and, he is on bail in Case Crime
No.196 of 2019 under Section 3 read with Section 25 of
the Arms Act, 1959, Case Crime No.131 of 2019 under
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Section 5 read with Section 25 of the Arms Act, 1959,
Case Crime No.219 of 2019 under Section 2 read with
Section 3 of the Uttar Pradesh Gangsters and Anti-
Social Activities (Prevention) Act, 1986, and, Case
Crime No.904 of 2014 under Section 398 and Section
401 IPC.
8. Mr. T.A. Khan, Senior Advocate contended
that the Test Identification Parade was not conducted
by the prosecution and as per the statement of the wife
of the deceased, the alleged injured, she was unknown
to the appellant. She stated that she had heard the
voice of the assailants but she had not recognized
them. Therefore, there is substantial doubt about the
conviction. Nizam alias Chotu, the appellant of the
similar role, has already been granted bail by this Court
on 01.10.2024. Appellant has spent more than six years
and ten months in judicial custody. The present Appeal
is pending since the year, 2019 and the appeal is not
likely to be heard within a reasonable period. Appellant
is a permanent resident of District Bijnor, Uttar Pradesh,
therefore, there is no possibility of his absconding.
9. Having regard to the facts and circumstances
of the case and the period of incarceration suffered by
the appellant, without expressing any opinion as to the
merits or demerits of the case, this Court is inclined to
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grant bail to the appellant during the pendency of this
appeal.
10. The Second Bail Application (IA No.8650 of
2024) is allowed.
11. Let the appellant - Ashif alias Salim be
released on bail on his executing a personal bond and
furnishing two reliable sureties of the same amount to
the satisfaction of the trial court.
__________________
Alok Kumar Verma, J.
____________
Alok Mahra, J.
Date: 01.11.2025
Shiv/
