CRLA/197/2021
2021 Latest Caselaw 3076 UK

Citation : 2021 Latest Caselaw 3076 UK
Judgement Date : 13 August, 2021

Uttarakhand High Court

CRLA/197/2021 on 13 August, 2021

Office Notes, reports, orders or L. proceedings or Date COURT'S OR JUDGES'S ORDERS No directions and Registrar's order with Signatures

CRLA No. 197 of 2021

Hon'ble N.S. Dhanik, J .

Mr. D.S. Mehta, learned counsel for the appellant.

Mr. A.K. Sah, learned Brief Holder for the State.

Learned counsel for the appellant would submit that appellant was on bail during the trial and he never misused the same. He also submits that if the appellant is granted bail from this Court he will fully cooperate with the appeal and will not misuse the same. Learned counsel for the appellant would further submit that the judgment and order dated 02.04.2021 passed by the leaned trial Court is wholly against the material evidence on record and there is no eye witness examined by the prosecution before the trial Court.

Furthermore, it is submitted that there is no material evidence to connect the appellant from the alleged crime and the applicant is in judicial custody since 02.04.2021 and he has no previous criminal antecedent to his credit.

Learned State Counsel would submit the involvement of the appellant stood credited from the investigation and after completion of the same, a charge sheet was submitted against him before the Court concerned. It is further submitted that in order to prove its case prosecution examined P.W. 1 Heera Singh Rawat, P.W. 2 Naveen Singh Papola, P.W. 3 Smt. Manisha Rawat, P.W. 4 Dr. Baibhav Kuchhal, P.W. 5 Shyam Shundar and P.W. 6 S.I. Rakesh Kathayat before the Trial Court and learned Trial Court after considering the entire evidence on record has rightly sentenced the accused appellant.

Having heard learned Counsel for the parties and considered the facts and circumstances of the case, I am of the opinion that the appellant deserves bail at this Stage. Hence, the bail application is allowed.

Let the appellant be released on bail, on executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned.

(N.S. Dhanik, J.)

13.08.2021 SB