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2026:UHC:3932

Office Notes,

reports, orders

or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with

Signatures

BA1 No.2228 of 2025

Hon’ble Alok Mahra, 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 Mahra, J.)

20.05.2026

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