Vineet vs State Of Uttarakhand

Alok Kumar Verma, J

This is the Third Bail Application. First Bail Application (No. 584 of 2018) was rejected on 29.08.2020 and the Second Bail Application (No. 07 of 2021) was rejected on 08.11.2021 by this Court.

Applicant is in judicial custody in connection with the First Information Report No. 568 of 2017, registered at Police Station Rudrapur, District Udham Singh Nagar for the offence punishable under Section 302 of the Indian Penal Code, 1860.

Heard Mr. Vikas Anand, learned counsel for the applicant, Mr. S.S. Adhikari, learned Deputy Advocate General for the State and Mr. Lalit Sharma, learned counsel for the victim.

Mr. Vikas Anand, learned counsel for the applicant, contended that the First Information Report was lodged with an inordinate delay. Conduct of the informant is unconvinced and distrustful. No specific role was assigned to the applicant in the alleged crime. Co-accused Praveen Dhama alias Dumpy Dhama has been granted bail by the Hon’ble Supreme Court on 23.02.2022, and, other co-accused Beere was granted bail by the coordinate Bench of this Court on 18.10.2022. However, the Special Leave Petition, filed by the applicant against the rejection of second bail application, was dismissed by the Hon’ble Supreme Court on 01.11.2022. In the said Special Leave to Appeal (Crl.) No. 4747 of 2022, the Hon’ble Supreme Court observed “The allegation against the petitioner relates to committing murder of the victim. The petitioner is in detention for about five years and charge against him under Section 302 of Indian Penal Code.

We do not grant liberty granting privilege of bail at this stage as trial is still going on.

The special leave petition is dismissed.

Pending application (s), if any, shall also stand disposed of.”

On the other hand, Mr. S.S. Adhikari, learned Deputy Advocate General and Mr. Lalit Sharma, Advocate, opposed the third bail application and contended that the present bail application is not maintainable.

I do not find any substantial change in the circumstances, so far merit of the case is concerned. The Hon’ble Supreme Court has dismissed the Special Leave Petition on 01.11.2022, therefore, it will be against the judicial discipline to consider the present Third Bail Application of the applicant on the same grounds, which were taken by him in his earlier bail applications. Consequently, present Third Bail Application is also rejected.