2026:UHC:3932 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA1 No.2228 of 2025 Hon ’ble Alok Mah r a, J. Mr. Prem Prakash Bhatt, Advocate for the applicant. Mr. Manoj Bhatt, Brief Holder for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.287 of 2008, under Sections 302 I.P.C., registered at Police Station Bazpur, District Udham Singh Nagar. 3. An F.I.R. was lodged by the uncle of the deceased alleging therein that the deceased was running a flour mill and that, for the preceding one year, the applicant had been residing with the deceased. It was further alleged that the dead body of the deceased was recovered on 04.12.2008 from a room situated in the flour mill premises, whereas the applicant was found absconding from the spot. As per the Post Mortem Report, the cause of death was opined to be strangulation and multiple ante-mortem injuries were also found on the head of the deceased. The applicant allegedly absconded after the incident and was ultimately apprehended from the State of West Bengal on 17.10.2023, i.e., after a lapse of more than fifteen years from the date of the alleged occurrence. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case, 2026:UHC:3932 has no criminal antecedents and is in judicial custody since 17.10.2023. It is contended that there is no eyewitness account of the alleged incident and no motive has been attributed to the applicant. Learned counsel further submits that, till 14.11.2025, only six prosecution witnesses have been examined, whereas, as per the charge- sheet, a total of fifteen prosecution witnesses are proposed to be examined. 5. Per contra, learned State Counsel vehemently opposed the bail application and submitted that an adverse inference under Section 106 of the Indian Evidence Act is liable to be drawn against the applicant, inasmuch as, the applicant was residing with the deceased for more than one year prior to the incident and, therefore, was the person best placed to explain the circumstances in which the deceased died. It is further submitted that, instead of disclosing the circumstances of the occurrence, the applicant absconded from the place of incident and was arrested after more than fifteen years from the State of West Bengal. 6. The deceased was found dead inside the room situated in the flour mill premises where the applicant had admittedly been residing with the deceased for more than one year prior to the incident. The Post Mortem Report indicates that the death was homicidal in nature, caused by strangulation coupled with ante-mortem head injuries. The applicant remained absconding immediately after the incident and was apprehended only after more than fifteen years from the State of West Bengal, which prima facie reflects his conduct in 2026:UHC:3932 evading the process of law. The contention regarding absence of eyewitnesses or motive cannot be examined in detail at this stage, particularly when the circumstances alleged by the prosecution attract the applicability of Section 106 of the Indian Evidence Act. Accordingly, the bail application is rejected. 7. However, having regard to the fact that, as submitted by learned counsel for the applicant, only six out of fifteen prosecution witnesses had been examined till 14.11.2025, learned trial Court is directed to take all requisite steps for expeditious disposal of the trial and to make an endeavour to conclude the same, preferably within a period of six months’ from the date of production of a certified copy of this order, strictly in accordance with law. Learned trial Court shall also ensure that no unnecessary adjournment is granted to either of the parties. ( Alok Mah r a, J.) 20.05.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e 3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C510 9CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.20 17:41:10 +05'30'