CRLR/123/2022
2022 Latest Caselaw 1308 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                    25TH APRIL, 2022

           BAIL APPLICATION (IA NO.02 OF 2022)
                           IN
            CRIMINAL REVISION NO. 123 of 2022


Between:

Babloo                                     ...Revisionist


and


State of Uttarakhand                        ...Respondent


Counsel for the Revisionist    : Mr. Azmeen Sheikh.

Counsel for the Respondent    : Mr. Amit Bhatt,
                               learned Deputy Advocate
                               General for the
                               State.

Hon'ble Alok Kumar Verma,J.

Heard Mr. Azmeen Sheikh, learned counsel for the revisionist and Mr. Amit Bhatt, learned Deputy Advocate General for the State on the Delay Condonation Application (IA No.01 of 2022).

2. The learned counsel appearing for the State has not seriously opposed the delay condonation application.

3. In the interest of justice, the Delay Condonation Application (IA No.01 of 2022) is allowed. Delay in filing the criminal revision is condoned.

4. Heard perused and gone through the record.

5. The revisionist - accused was convicted for the offence punishable under Section 279 and was sentenced to undergo rigorous imprisonment for a period of six months along with a find of Rs.1,000/-; he was further sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs.5,000/- for the offence punishable under Section 304A of IPC. Both the sentences were directed to run concurrently. Against the judgment of the Trial Court, the revisionist - accused had filed an appeal. The said Appeal (No.163 of 2014), "Babloo vs. State", has been dismissed by the Additional Sessions Judge, Ramnagar, District Nainital on 31.08.2018.

6. The Criminal Revision is admitted.

7. List this case on 13.06.2022.

8. Heard on the Bail Application (IA No.02 of 2022).

9. The learned counsel for the State conceded that the revisionist was on bail during the trial and the conditions of the bail were neither violated nor misused by the revisionist.

10. 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.

11. The Bail Application (IA No.02 of 2022) is allowed.

12. Let the revisionist Babloo 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.

___________________ ALOK KUMAR VERMA, J.

Dt: 25th April, 2022 Pant/