[Cites 5, Cited by 0]
Uttarakhand High Court
Vishal & Another ........Appellants vs State Of Uttarakhand on 1 April, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application (IA No.1 of 2023)
In
Criminal Appeal No.621 of 2023
Vishal & Another ........Appellants
Versus
State of Uttarakhand ........Respondent
Present: Mr. Arvind Vashistha, Senior Advocate assisted by Mr. Rachit
Manglik, Advocate for appellant no. 2 and Mr. Alok Kumar,
Advocate for the appellant no. 1.
Mr. B.N. Molakhi, Deputy Advocate General for the State.
Bail Application (IA No.1 of 2023)
In
Criminal Appeal No.656 of 2023
Neeraj @ Pandit ........Appellant
Versus
State of Uttarakhand ........Respondent
Present: Mr. Mohit Gupta, Advocate (through V.C.) and Mr. Asif Ali and
Ms. Nisha Dhami, Advocates for the appellant.
Mr. B.N. Molakhi, Deputy Advocate General for the State.
Bail Application (IA No.1 of 2023)
In
Criminal Appeal No.659 of 2023
Neeraj @ Pandit ........Appellant
Versus
State of Uttarakhand ........Respondent
Present: Mr. Mohit Gupta, Advocate (through V.C.) and Mr. Asif Ali and
Ms. Nisha Dhami, Advocates for the appellant.
Mr. B.N. Molakhi, Deputy Advocate General for the State.
2
Bail Application (IA No.1 of 2023)
In
Criminal Appeal No.699 of 2023
Ashish @ Kannu & Another ........Appellants
Versus
State of Uttarakhand ........Respondent
Present: Mr. Arvind Vashistha, Senior Advocate assisted by Mr. Rachit
Manglik, Advocate for the appellant no. 1 and Mr. Nivesh
Bahuguna, Advocate for the appellant no. 2.
Mr. B.N. Molakhi, Deputy Advocate General for the State.
Bail Applications (IA No.2 of 2024 & IA No.4 of 2025)
In
Criminal Appeal No.317 of 2024
Parveen Balmiki ........Appellant
Versus
State of Uttarakhand ........Respondent
Present: Mr. Shiv Bhatt and Ms. Kumkum Bhatt, Advocates for the
appellant.
Mr. B.N. Molakhi, Deputy Advocate General for the State.
Coram:Hon'ble Ravindra Maithani, J.
Hon'ble Siddhartha Sah, J.
Hon'ble Ravindra Maithani, J. (Oral)
These appeals arise from one common judgment and order
dated 11.08.2023, passed in Sessions Trial Nos. 145 of 2016, State v.
Bulla @ Vinay @ Vineet and others, Sessions Trial No. 211 of 2016,
State v. Neeraj @ Pandit, Sessions Trial No. 212 of 2026, State v.
Neeraj @ Pandit, Sessions Trial No. 146 of 2016, State v. Pankaj and
Sessions Trial No. 123 of 2017, State v. Parveen Balmiki, hence they
are heard together.
2. Criminal Appeal No. 621 of 2023 has been filed by the
appellants Vishal and Bulla @ Vinay @ Vineet against the judgment
and order dated 11.08.2023 passed in Sessions Trial No. 145 of 2016,
State v. Bulla @ Vinay @ Vineet and others, by the court of 1st
Additional Sessions Judge, Roorkee, District Haridwar. By it, the
appellants Vishal has been convicted and sentenced under Sections
302, 201 and Section 302/120 B IPC and Bulla @ Vinay @ Vineet has
been convicted and sentenced under Sections 120B/302 and 201 IPC.
3. Criminal Appeal No. 656 of 2023 has been filed by the
appellant Neeraj @ Pandit against the judgment and order dated
11.08.2023 passed in Sessions Trial No. 211 of 2016, State v. Neeraj @
Pandit by the court of 1st Additional Sessions Judge, Roorkee, District
Haridwar, by which, the appellant Neeraj @ Pandit has been convicted
and sentenced under Sections 302/201 and 302/120 B IPC.
4. Criminal Appeal No. 659 of 2023 has been filed by the
appellant Neeraj @ Pandit against the judgment and order dated
11.08.2023 passed in Sessions Trial No. 212 of 2026, State v. Neeraj @
Pandit, against his conviction and sentence for the offence under
Section 25 of the Arms Act, 1959.
5. Criminal Appeal No. 699 of 2023 has been filed by the
appellants Ashish @ Kannu and Pankaj against the judgment and
order dated 11.08.2023 passed in Sessions Trial No. 145 of 2016, State
v. Bulla @ Vinay @ Vineet and others, by the court of 1st Additional
Sessions Judge, Roorkee, District Haridwar. By it, the appellants
Ashish @ Kannu and Pankaj have been convicted and sentenced
under Sections 302, 201 and Section 302/120 B IPC.
6. Criminal Appeal No. 317 of 2024 has been filed by the
appellant Parveen Balmiki against the judgment and order dated
11.08.2023 passed in Sessions Trial No. 123 of 2017, State v. Parveen
Balmiki, by the court of 1st Additional Sessions Judge, Roorkee,
District Haridwar, whereby the appellant Parveen Balmiki has been
convicted under Section 120B/302 IPC and sentenced accordingly.
7. These are admitted appeals. All the appellants seek bail
during pendency of the appeal.
8. Heard learned counsel for the parties and perused the
record.
9. Deceased Basant Chaudhary left his house in the morning
of 25.01.2016, but at about 7:15 a.m., some unknown persons shot
him dead. A report was lodged. Subsequently, it was revealed that it is
the appellant Parveen Balmiki, who had conspired with other
appellants to kill the deceased.
10. Learned Senior Advocate appearing on behalf of the
appellants Ashish @ Kannu and Bulla @ Vinay @ Vineet would submit
that there is no evidence in the case. He would further submit that
according to the prosecution, based on secret information, the
appellants were arrested and their confessions were recorded.
Thereafter, recovery of a motorcycle and the weapon of offence was
made and appellants have been charge-sheeted.
11. He would further submit that the prosecution also relies
upon a Forensic Science Laboratory report, which speaks that a bullet
was fired from the country made pistol allegedly recovered from the
appellant Pankaj. But he submits that how the bullet was recovered, it
is not revealed because according to the doctor conducting post-
mortem, he did not retrieve any bullet from the person of the deceased
and as per Investigating Officer also, no bullet was recovered from the
place of incident.
12. He would further submit that according to the prosecution,
when the deceased was taken to hospital on 25.01.2016 in the
morning of 7:15, he was attended by doctor Madan Mohan Singh, who
retrieved a bullet from the person of the dead body as stated by PW22,
Tarun Kumar, but he submits that as per the doctor conducting post-
mortem, there was no sign of surgery to reveal that in fact, any bullet
was retrieved from the dead body of deceased. It is argued that the
Forensic Science Laboratory report does not make any case against the
appellants.
13. Learned counsel appearing on behalf of the other
appellants adopt the arguments made by learned Senior Advocate for
the appellants Ashish @ Kannu and Bulla @ Vinay @ Vineet.
14. Learned State counsel submits that the bullet was
recovered from the dead body of the deceased, which confirms that it
was fired from the country made pistol recovered from the appellant
Pankaj. He further submits that in fact the appellants had admitted
the conspiracy in their confessional statements. Subsequent to it,
recovery was made. Learned State counsel also submits that there are
multiple cases against the appellants Parveen Balmiki and Neeraj @
Pandit.
15. Admittedly, there is no last seen evidence. There is no
direct evidence. The case is based on circumstantial evidence. The
prosecution relies upon certain recoveries, which according to the
prosecution case, were made subsequent to the confessional
statements of the appellants.
16. The Court wanted to know from the State counsel as to
where the bullet was kept after alleged recovery by doctor Madan
Mohan Singh on 25.01.2016 as stated by PW22, Tarun Kumar? There
is no answer to it.
17. Having considered, this Court is of the view that it is a
case in which the execution of sentence should be suspended and the
appellants be enlarged on bail.
18. The bail applications are allowed.
19. The execution of sentence appealed against is suspended
during the pendency of the appeal.
20. The appellants - Vishal, Bulla @ Vinay @ Vineet, Neeraj @
Pandit, Ashish @ Kannu, Pankaj and Parveen Balmiki be released on
bail, during the pendency of the appeal, on their executing a personal
bond and furnishing two reliable sureties, by each one of them, each of
the like amount to the satisfaction of the court concerned.
21. List in due course alongwith connected matters.
(Siddhartha Sah, J.) (Ravindra Maithani, J.)
01.04.2026 01.04.2026
Akash
