HIGH COURT OF UTTARAKHAND AT NAINITAL
RAVINDRA MAITHANI
Dinesh Chandra Nainwal – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
Applicant is in judicial custody in Sessions Trial No. 6 of 2025, Case Crime No. 179 of 2024, under Section 103 (1) read with 3 (5) of the Bhartiya Nayaya Sanhita, 2023, Police Station Mukhani, District Nainital. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. This is second bail application of the applicant. His first bail application was withdrawn on 12.12.2025.
4. According to the FIR, on 07.10.2024 at 10:50 p.m. the deceased alongwith his friends was watching Ramlila in Haldwani. At that time, the applicant in the presence of all the friends and others opened fire on the deceased, due to which he died. The FIR records that thereafter, the applicant ran away from the spot after threatening the persons present there. FIR itself records that at the time of incident, there were many friends and family members present with the deceased.
5. Learned counsel for the applicant submits that the FIR is delayed; the incident allegedly took place at 10:50 p.m. on 07.10.2024, whereas the FIR was lodged on 08.10.2024 at about 6:00 p.m. He submits that there is no explanation to delay. It is also argued that h
In bail proceedings, the presence of multiple eyewitnesses and corroborative video evidence outweighed concerns regarding delay in lodging the FIR, justifying the court's decision to reject bail.
The court denied bail due to serious charges and supporting evidence, emphasizing that the bail stage does not involve a detailed examination of case merits.
The interpretation of new evidence, such as CCTV footage, can influence the court's decision in granting bail and may reveal discrepancies in the prosecution's case.
The court denied bail based on the circumstances of the murder and the applicant's insufficient evidence to prove non-involvement.
Bail should not be granted without compelling circumstances, especially when trial is nearing conclusion and accused has shown dilatory tactics.
The court established that insufficient evidence and the need for further investigation justified the granting of bail.
The court affirmed that in serious offenses, circumstantial evidence and severity of potential punishment must prevail in bail considerations, denying the petitioner's release amid serious accusation....
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