Uttarakhand High Court
Kapil Kumar Singh vs State Of Uttarakhand on 4 November, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Appeal No. 125 of 2022
04th November, 2025
Kapil Kumar Singh .........Appellant
Versus
State of Uttarakhand .......Respondent
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Ms. Gyan Mati Kushwaha, learned counsel for the appellant.
Mr. Virendra Singh Rawat, learned A.G.A. for the State.
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Coram: Hon'ble Ravindra Maithani, J.
Hon'ble Alok Mahra, J.
Oral: Ravindra Maithani, J.
The instant appeal is preferred against the
judgment and order dated 06.04.2022 passed by learned 1st
Additional Sessions Judge, Udham Singh Nagar in Sessions
Trial No. 174 of 2012, State Vs. Lokendra and Others,
whereby the appellants have been convicted for the offence
punishable under Sections 302 r/w 34 IPC and sentenced for
life imprisonment each, alongwith fine of Rs. 5000/- and in
default of payment of fine, to undergo one month's additional
simple imprisonment.
2. The appellant - Kapil seeks bail during pendency of
the appeal.
3. Heard learned counsel for the parties on the bail
application and perused the record.
4. Learned counsel for the appellant would submit
that appellants Lokendra and Deepak Bisht have already been
granted bail, as injured PW-2 has not supported the
prosecution case. It is further argued that injured PW-2 has
also not supported the case of the prosecution qua the
appellant - Kapil.
5. Learned State counsel would submit that, in fact,
PW-3 Imraan has supported the prosecution case.
6. In Bail Application (IA No. 01 of 2023) in Criminal
Appeal No. 125 of 2022, when appellant-Lokendra was
granted bail, in paragraph 4 of it, the Court observed as
follows:-
"4. Mr. Vikas Anand, Advocate appearing for the appellant,
contended that there are material contradictions in the statements
of the prosecution's witnesses. The injured Manoj Pant (PW2) has
stated that Lokendra, Kapil, Jitendra and Deepak Bisht were not
involved in the incident. They did not assault him and Gaurav
Arora. Deepak Bisht, one of the appellant of similar role in
Criminal Appeal No.120 of 2022, has already been granted bail by
this Court on 09.11.2022. Appellant was on bail during the trial
and the conditions of bail were not violated or misused by him."
7. Similar is the situation with the appellant-Kapil.
8. Having considered, this Court is of the view that it
is a case in which the execution of sentence should be
suspended and the appellant be enlarged on bail.
9. The bail application is allowed.
10. The execution of sentence appealed against is
suspended during the pendency of the appeal.
11. Let the appellant be released on bail, during the
pendency of the appeal on his executing a personal bond and
furnishing two reliable sureties, each of the like amount to the
satisfaction of the court concerned.
12. List this criminal appeal for final hearing on
24.03.2026.
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(Alok Mahra, J.) (Ravindra Maithani, J.)
04.11.2025
Ujjwal
