CRLR/434/2021
2021 Latest Caselaw 5426 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                  30TH DECEMBER, 2021

           BAIL APPLICATION (IA NO.01 OF 2021)
                           IN
            CRIMINAL REVISION NO. 434 of 2021


Between:

Suresh                                     ...Revisionist


and


State of Uttarakhand and Another         ...Respondents


Counsel for the Revisionist    : Mr. M.K. Ray.

Counsel for the Respondent    : Ms. Manisha Rana Singh,
No.1                            learned AGA for the
                                State.

Hon'ble Alok Kumar Verma,J.

This Criminal Revision has been filed against the

judgment dated 16.01.2021, passed by the learned

Additional Sessions Judge, Khatima, District Udham Singh

Nagar in Criminal Appeal No.129 of 2019, "Suresh vs.

State of Uttarakhand and Another", whereby, the Criminal

Appeal, filed by the revisionist - accused, is dismissed.

The said Criminal Appeal was filed against the judgment

dated 08.04.2019, passed by the learned Additional Chief

Judicial Magistrate, Khatima, District Udham Singh Nagar

in Criminal Case No.2598 of 2017, "Umesh Gupta vs.

Suresh", whereby, the revisionist - accused was convicted

and sentenced to undergo one year rigorous imprisonment

along with a fine of Rs.4,00,000/- for the offence

punishable under Section 138 of the Negotiable

Instruments Act, 1881.

2. Heard Mr. M.K. Ray, the learned counsel

appearing for the revisionist and Ms. Manisha Rana Singh,

the learned AGA for the State.

3. This Criminal Revision is admitted.

4. Issue notice to the respondent no.2. Steps to be

taken within a week.

5. Heard on the Bail Application (IA No.01 of

2021).

6. Having considered the submissions of learned

counsel for both the parties and in the facts and

circumstances of the case, this Court is of the view that

the revisionist deserves bail at this stage.

7. The Bail Application (IA No.01 of 2021) is

allowed.

8. Let the revisionist Suresh 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

Trial Court concerned.

___________________ ALOK KUMAR VERMA, J.

Dt: 30th December, 2021 Pant/