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Uttarakhand High Court
Kaleem vs State Of Uttarakhand on 27 March, 2026
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
2026:UHC:2171
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
27TH MARCH, 2026
FIRST BAIL APPLICATION NO. 444 of 2026
Kaleem ...Applicant
Versus
State of Uttarakhand ...Respondent
Counsel for the Applicant : Mr. Vikas Anand, Advocate.
Counsel for the Respondent: Mr. Pratiroop Pandey,
Assistant Government
Advocate.
Hon'ble Alok Kumar Verma,J.
This Application has been filed for regular bail
in Case Crime No. 138 of 2018, registered at police
station Jaspur, District Udham Singh Nagar.
2. The applicant-Kaleem is in judicial custody for
the offence punishable under Sections 302, 307 read
with Section 34 and Section 120B of the Indian Penal
Code, 1860.
3. The case of the respondent is that on
25.05.2018, the informant Smt. Bhajan Kaur was
present in her house with her husband Daya Singh,
daughter-in-law Charanjeet Kaur, brother of her
daughter-in-law Devendra Singh alias Labba, his wife
Babbi and his son Happy. At around 11:00 a.m., two
2026:UHC:2171
persons entered her house and pointed a country made
pistol at her chest. They fired at her husband Daya
Singh, aged about 63 years, due to which he died.
Devendra Singh alias Labba was also shot, due to
which, he received injuries. After inquest proceedings,
post-mortem examination and last rites of the
deceased, the First Information Report was lodged on
25.05.2018 at 20:30 hrs. The First Information Report
was registered against the two unknown persons.
4. The deceased had two sons. One is Jagtar
Singh alias Jagga and the name of the other son is
Meher Singh. Jagtar Singh alias Jagga's brother-in-law
Devendra Singh alias Labba had enmity with one
Gurmukh Singh alias Gorkha. Devendra Singh alias
Labba went to jail because of Gurmukh Singh.
Devendra Singh alias Labba (co-accused) along with his
friend Aleem (co-accused) settled the matter with the
co-accused Narender Sharma and Shankar Sharma
alias Ravi (co-accused) for rupees ten lakhs to take
revenge from Gurmukh Singh. One lakh was given in
advance. After the incident, the co-accused Narender
Sharma and the co-accused Shankar Sharma alias Ravi
fled away on a motorcycle, bearing Registration
No.UK06-L9443.
2026:UHC:2171
5. One empty cartridge was recovered from the
possession of the co-accused Narender Sharma at the
time of his arrest. A country made pistol 315 bore and
a live cartridge were recovered from the possession of
the co-accused Shankar Sharma alias Ravi. One bullet
315 bore and one empty cartridge 315 bore were
recovered from the spot. One bullet 315 bore was
recovered from the dead body of the deceased at the
time of post-mortem examination. One country made
pistol and a pistol 315 bore were recovered at the
instance of the co-accused Narender Sharma and the
co-accused Shankar Sharma alias Ravi. The said
motorcycle was recovered from the custody of the co-
accused Narender Sharma and the co-accused Shankar
Sharma. The bullet recovered from the dead body of
the deceased, the bullet and empty cartridge recovered
from the spot and the country made pistol, live
cartridge and empty cartridge, recovered from the co-
accused persons, were sent to the Forensic Science
Laboratory.
6. The allegation against the present applicant
is that he was in jail for another case at the time of the
incident and he provided country made pistol through
his brother Aleem (co-accused) from the jail.
2026:UHC:2171
7. Heard Mr. Vikas Anand, learned counsel for
the applicant and Mr. Pratiroop Pandey, learned
Assistant Government Advocate General for the
respondent.
8. Mr. Vikas Anand, Advocate, has contended
that the applicant has not been named in the First
Information Report. His name has surfaced in the
confessional statement of the co-accused Devendra
Singh alias Labba and co-accused Narender Sharma.
The Investigating Officer has not recorded the
statement of any jail officials. Co-accused Narender
Sharma, co-accused Shankar Sharma alias Ravi, co-
accused Devendra Singh alias Labba and the co-
accused Aleem have already been granted regular bail
by this Court. Applicant is a permanent resident of
District Haridwar, therefore, there is no possibility of his
absconding, and, he is in custody since 29.05.2018.
9. Mr. Pratiroop Pandey, Assistant Government
Advocate has opposed the bail application orally.
However, he fairly conceded that the name of the
present applicant has come to light in the statements of
the co-accused.
10. Having considered the submissions of learned
counsel for both the parties and in the facts and
2026:UHC:2171
circumstances of the case, no reason is found to keep
the applicant behind the bars for an indefinite period,
therefore, without expressing any opinion as to the
merit of the case, this Court is of the view that the
applicant deserves bail at this stage.
11. The Bail Application is allowed.
12. Let the applicant-Kaleem be released on bail
on his executing a personal bond and furnishing two
reliable sureties, each in the like amount, to the
satisfaction of the court concerned with the following
conditions:-
i) Applicant shall attend the trial court regularly
and he will not seek any unnecessary
adjournment; and,
ii) Applicant shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of this case.
13. It is clarified that if the applicant misuses or
violates any of the conditions, imposed upon him, the
prosecution agency will be free to move the court for
cancellation of bail granted to the applicant.
___________________
ALOK KUMAR VERMA, J.
Dt:27.03.2026
JKJ/Pant
