CRLA/266/2021
2021 Latest Caselaw 4097 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                   08TH OCTOBER, 2021

                Bail Application No.1 of 2021
                             in
             CRIMINAL APPEAL NO. 266 of 2021


Between:

Tinu alias Aman.                                 ...Appellant

and

State of Uttarakhand.                           ...Respondent



Counsel for the Appellant   : Mrs. Prabha Naithani.

Counsel for the Respondent : Mr. Pratiroop Pandey,
                             learned A.G.A. for the
                             State with Mr. P.S. Uniyal,
                             learned Brief Holder for the
                             State.

Hon'ble Alok Kumar Verma,J.

This appeal has been filed against the judgment and order dated 02.09.2021/03.09.2021, passed by the learned IV Additional Sessions Judge, Haridwar in Sessions Trial No.209 of 2015, 'State vs. Tinu', whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of four years along with a fine of Rs.10,000/- for the offence punishable under section 333 of IPC and he has been further convicted and sentenced to undergo for a period of one year rigorous imprisonment along with a fine of Rs.5,000/- for the offence punishable under section 353 of IPC. Both the sentences are directed to run concurrently.

2. Heard Mrs. Prabha Naithani, the learned counsel for the appellant and Mr. Pratiroop Pandey, the learned A.G.A. with Mr. P.S. Uniyal, the learned Brief Holder for the State of Uttarakhand.

3. The learned counsel for the appellant submitted that the prosecution has failed to prove its case beyond the reasonable doubt; there are material contradictions in the evidence of the prosecution's witnesses; there are strong prima facie grounds for substantial doubt about the conviction; during the trial, the appellant was on bail and conditions of bail were neither misused nor violated by him.

4. Mr. Pratiroop Pandey, learned A.G.A., opposed the bail application. However he fairly conceded that the appellant was on bail during the trial and the conditions of the bail were neither missed nor violated by him.

5. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the appellant Tinu alias Aman, provided he submits a personal bond of Rs.30,000/-, and two reliable sureties of the same amount to the satisfaction of the court concerned.

6. Post after four weeks.

7. Let a certified copy of this order be supplied to the learned counsel for the parties, today itself, on payment of usual charges.

___________________ ALOK KUMAR VERMA, J.

Dt: 08th October, 2021 JKJ/Neha