Khalil Malik Alias Khalil Ahmad vs State Of Uttarakhand

Alok Kumar Verma, J

This is the Third Bail Application.

The First Bail Application was rejected on 14.12.2022 and the Second Bail Application was rejected on 25.04.2023.

The applicant – Khalil Malik alias Khalil Ahmad is in judicial custody under Sections 304, 201 and Section 34 of the Indian Penal Code, 1860 in the Case Crime No.192 of 2022, registered at police station Sitarganj, District Udham Singh Nagar.

New Life De-addiction and Rehabilitation Centre at Sitarganj, District Udham Singh Nagar was run by the present applicant. The deceased was admitted in the said Centre. On 20.05.2022, the informant, the father of the deceased, called the applicant so as to know about his son (deceased), but the applicant did not join the line. On 21.05.2022, the informant was told that his son Suraj is serious. Thereafter, it was revealed that the deceased died. As per the prosecution, the deceased was brutally assaulted at the said Centre by the applicant.

Heard Mr. Lalit Sharma, learned counsel with Ms. Anmol Sandhu, learned counsel for the applicant and Mr. V.K. Jemini, learned Deputy Advocate General assisted by Mr. Rakesh Negi, learned Brief Holder for the State.

Opposing the bail application, Mr. V.K. Jemini, learned Deputy Advocate General for the State, submitted that the bail application of the present applicant has been rejected by the Hon’ble Supreme Court on 04.07.2023.

Mr. Lalit Sharma, Advocate, has contended that the applicant has been falsely implicated in the present matter. On 26.06.2023, after rejection of the Second Bail Application, Dr. Pradeep Kumar Chaudhary (PW3), who had conducted the post-mortem examination of the dead body of the deceased, was examined by the prosecution. He has stated that there were five external injuries on the body of the deceased, but, the deceased is not likely to have died from the said injuries. The cause of death was not ascertained. Therefore, the viscera was preserved. As per the statement of Dr. Pradeep Kumar Chaudhary, the deceased was suffering from chronic liver disease. It has been more than a year and four months since the Hon’ble Supreme Court rejected the bail application, but the prosecution has so far been able to examine only ten witnesses out of its total 23 witnesses and the viscera report has not been filed yet by the Investigating Officer before the trial court. Applicant does not have any criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding and he is in judicial custody since 01.06.2022.

Mr. V.K. Jemini, Advocate has conceded that the viscera report has not been filed before the trial court.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Third Bail Application is allowed.

Let the applicant – Khalil Malik alias Khalil Ahmad be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned on the following conditions:-

i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

(iii) Applicant shall not leave the country without the previous permission of the trial court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the court for cancellation of bail.