I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTICE ASHISH NAITHANI

28^th March, 2025 FI RST BAI L APPLI CATI ON NO.2322 of 2024 Noor Hasan @ Nanhe …Applicant (In Jail)

Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Abhishek Verma, learned counsel.

Counsel for the State : Mr. Bhaskar Chandra Joshi, learned AGA.

Hon’ble Ashish Naithani, J.

The present bail application has been moved by the applicant, who is in judicial custody in connection with FIR/Case Crime No.254 of 2023, registered at Police Station Bajpur, District Udham Singh Nagar, under Section 302 of IPC.

2. Heard Mr. Abhishek Verma, learned counsel for the applicant and Mr. Bhaskar Chandra Joshi, learned AGA for the State.

3. As per the prosecution story an FIR was lodged by the complainant on 29.05.2023 against some unknown person alleging that mother of the informant left her house for labor work on 28.05.2023 at about 07:30 am and since then she did not return back to her house; the family members of the deceased tried their level best to get her whereabouts. It is stated that on

29.05.2023 at about 01:00 p.m. the dead body of the mother of the informant was found in the field of village Kanora near Weekly Market/Hat Bazar.

4. Learned counsel for the applicant submits that on the basis of the confessional statement and alleged recovery, the applicant has been roped in, in the present case. He submits that in the FIR there is no mention as to how and when the informant and his family members got the information that the dead body of the deceased was lying in agriculture field. He further submits that on the basis of the mobile location of the accused/applicant he has been show to be arrested in the aforesaid crime. Learned counsel for the applicant also submits that applicant has no criminal history and he is languishing in jail since 30.05.2023.

5. Learned State Counsel has vehemently opposed the bail application stating that applicant has been identified on the basis of the CCTV footage, in which deceased was seen riding on a motorcycle with the applicant and was seen returning back alone. He submits that on the basis of the confessional statement conduct of the applicant found doubtful and on the pointing out of applicant/accused one blade, rope of suit of deceased, mobile phone of deceased, keys of the house of deceased and motorcycle used in crime were recovered. Learned State counsel submits that applicant should not be granted bail.

6. Heard the learned parties and perused the case record. It is well settled that in cases based solely on circumstantial evidence, the prosecution must establish a complete and unbroken chain of events pointing conclusively to the guilt of the accused. Any missing link or gap in the chain may be detrimental to the prosecution’s case.

7. In the instant case, several key witnesses, including the informant, have resiled from their statements. The informant neither identified the applicant in the CCTV footage nor supported the State’s version under Section 164 Cr.P.C. statement. The forensic evidence is inconclusive, and the post-mortem report does not correlate the injuries with the recovered weapon (blade). These factors cast doubt on the State’s case at this stage.

8. Accordingly, the bail application is allowed. Let the applicant-Noor Hasan @ Nanhe be released on bail on executing a personal bond and two reliable sureties of the like amount to the satisfaction of court concerned.

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ASHI SH NAI THANI , J.

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