CRLA/579/2024
2026 Latest Caselaw 1790 UK

Uttarakhand High Court

CRLA/579/2024 on 11 March, 2026

Author: Ravindra Maithani

Bench: Ravindra Maithani

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08                                CRLA No.579 of 2024
                                  Hon'ble Ravindra Maithani, J.

Hon'ble Siddhartha Sah, J.

Mr. S.R.S. Gill, Advocate for the appellant.

Mr. Siddhartha Bisht, A.G.A. for the State.

Mr. Amanjot Singh Chadha, Advocate for the informant.

Delay in filing counter affidavit is condoned. Counter affidavit is taken on record. Delay Condonation Application, IA No.2 of 2025, stands disposed of, accordingly.

The Investigating Officer, Vaibhav Saini, is present before the Court.

Learned counsel for the appellant submits that the appellant cannot be implicated under any provision of the Unlawful Activities (Prevention) Act, 1967 ("the Act"); even if Arshdeep Dhalla has some role in some killing in the past, there is no material to suggest that in any manner, the appellant has ever been associated with Arshdeep Dalla; in the offence under Section 302 IPC, which was earlier foisted against the appellant, the appellant is on bail, and the FIR of that case suggests that that was a property dispute with regard to a stone crusher between the deceased and Harjit Singh alias Kala; the prosecution is relying on the alleged recovery of a motorcycle on the ground that it is the appellant, who had purchased it, but he submits that there is no material to suggest that any motorcycle was ever purchased by the appellant. Further, even it is not shown that some motorcycle, allegedly recovered, was the motorcycle, which was ever procured by the appellant.

Learned State Counsel submits that, in fact, the appellant had knowledge that the earlier killing under Section 302 IPC was done at the instance of Arshdeep Dalla; the motorcycle that was recovered connects the appellant with the killing and subsequent calls made by Arshdeep Dalla to the son of the deceased makes it an act of terror.

List this matter on 12.03.2026, at 4:00 p.m. along with BA1 No.1657 of 2023.

The chargesheet and the case diary of both the cases under Section 302 IPC and the Act shall be placed for the perusal of the Court.

The Investigating Officer, Vaibhav Saini, need not remain personally present tomorrow.

Urgency Applications, IA Nos. 3 and 4 of 2025, stands disposed of, accordingly.

(Siddhartha Sah J.) (Ravindra Maithani J.) 11.03.2026 RV