Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 1539 of 2024
Shiv Singh Rana
….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Mr. Rajat Mittal, Advocate for the applicant. Mr. S.C. Dumka, A.G.A. for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant is in judicial custody in Sessions Trial No.8 of 2024, State Vs. Shiv Singh Rana, pending in the court of Additional District and Sessions Judge, Vikasnagar, District Dehradun, arising out of FIR No.23 of 2023,, under Sections 304 and 201 IPC, Police Station Kalsi, District Dehradun. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused the record.
3.
The deceased had left his home on 20.11.2023, but he did not return. On 23.11.2023, his dead body was recovered from a farm house.
4.
Learned counsel for the applicant would submit that it is a no evidence case; it is a case based on circumstantial evidence; the chain is incomplete; the prosecution relies on the last seen evidence, but even it is
2 not clear as to when the applicant was last time seen with the deceased; there is no motive as such; the applicant was friend of the deceased.
5.
Learned State Counsel would submit that witness Azad has stated that he had seen the applicant with the deceased on the date of incident.
6.
The Court wanted to know from learned State Counsel as to when for the last time the applicant was seen with the deceased? He would submit that from the statements of the witnesses, it is not clear.
7.
The Court wanted to know from learned State Counsel as to what is the motive? He would submit that the applicant has confessed and has stated that he had illicit relations with the sister-in-law of the deceased.
8.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
9.
The bail application is allowed.
10.
Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable
3 sureties, each in the like amount, to the satisfaction of the court concerned.
(Ravindra Maithani, J)
08.01.2025 Ravi Bisht RAVI BISHT Digitally signed by RAVI BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ded921477e34a304cbcb0b52d4a59f3 7e6d2018d38d0b669a5c068799391e6bb, postalCode=263001, st=UTTARAKHAND, serialNumber=AA64B1F44E60E652AE5485ED7 64961E4E52FD29C6F03C20917020ED0934055 36, cn=RAVI BISHT Date: 2025.01.08 04:12:42 +05'30'