IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA THE HON’BLE SRI JUSTICE ALOK MAHRA 18th MARCH, 2026 Third Bail Application (IA No.8653 of 2025) in CRIMINAL APPEAL No.663 of 2019 Nadeem and two Others ....Appellants Versus State of Uttarakhand ....Respondent Counsel for the Appellants : Mr. Arvind Vashistha, Senior Advocate assisted by Ms. Devanshi Joshi, Advocate. Counsel for the Respondent : Mr. Pratiroop Pandey, Assistant Government Advocate. (Per : Shri Alok Kumar Verma, J.) This is the Third Bail Application (IA No. 8653 of 2025) filed by the appellant Nadeem. The First Bail Application (CRMA No.3960 of 2019) and the Second Bail Application (IA No. 8642 of 2022) were rejected on 19.11.2020 and 13.09.2022, respectively. 2. This appeal has been filed by Nadeem, Ashif alias Salim and Nizam alias Chotu. They have been convicted and sentenced for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short, “IPC”), Section 394 IPC and Section 411 IPC vide judgment dated 23.10.2019 / 31.10.2019, passed by the learned Additional Sessions 2 Judge, Vikasnagar, District Dehradun in Sessions Trial No.136 of 2012. 3. Heard Mr. Arvind Vashistha, learned Senior Advocate for the appellant and Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent. 4. Mr. Arvind Vashistha, Senior Advocate, submitted that as per the statement of the wife of the deceased, the alleged injured, she had heard the voice of the assailants and then she recognized the appellant, but, there is no cogent evidence to support the said statement of the deceased’s wife. The Test Identification Parade was not conducted. Therefore, there are strong prima facie grounds for substantial doubt about the conviction. Appellant has spent more than six years in judicial custody. This appeal is pending since the year, 2019 and the appeal is not likely to be heard within a reasonable period. Appellant is a permanent resident of District Bijnor (Uttar Pradesh), therefore, there is no likelihood of his absconding. He was on bail during the trial, and, the conditions of the bail were not misused or violated by him, and, Ashif alias Salim, the co-appellant of the similar role, and the appellant Nizam alias Chotu have already been granted bail by this Court. 5. Mr. Pratiroop Pandey, Assistant Government Advocate has opposed the bail application. 3 6. Having regard to the facts and circumstances of the case, without expressing any opinion as to the merits or demerits of the case, this Court is inclined to grant bail to the appellant during the pendency of this appeal. 7. The Third Bail Application (IA No.8653 of 2025) is allowed. 8. Let the appellant – Nadeem be released on bail on his executing a personal bond and furnishing two reliable sureties of the same amount to the satisfaction of the trial court. __________________ Alok Kumar Verma, J. ____________ Alok Mahra, J. Date: 18.03.2026 Shiv/