CRLA/119/2022
2022 Latest Caselaw 2533 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                    17TH AUGUST, 2022

              BAIL APPLICATION NO.1 of 2022
                           IN
             CRIMINAL APPEAL NO. 119 of 2022

Between:
Azad Ahmad alias Mitthu                         ...Appellant

and
State of Uttarakhand.                           ...Respondent


Counsel for the Appellant    :   Mr. Pawan Mishra.


Counsel for the State        :   Mr. V.S. Rathore, learned
                                 A.G.A. assisted by Mr.
                                 Pramod Tiwari, learned Brief
                                 Holder for the State.

Hon'ble Alok Kumar Verma,J.

This Bail Application (IA No.1 of 2022) has been

filed in this Criminal Appeal.

2. Present Criminal Appeal has been filed against

the judgment dated 22.04.2022/23.04.2022, passed by

the 5th Additional Sessions Judge, Dehradun in Sessions

Trial No.112 of 2010, "State vs. Azad Ahmad alias Mitthu

and Haidar", whereby, the appellant- Azad Ahmad alias

Mitthu has been convicted and sentenced to undergo

rigorous imprisonment for a period of four years along

with a fine of Rs.50,000/- for the offence punishable under

Section 489 C of IPC.

3. Heard Mr. Pawan Mishra, the learned counsel for

the appellant and Mr. V.S. Rathore, the learned A.G.A.

assisted by Mr. Pramod Tiwari, the learned Brief Holder for

the State on Bail Application (IA No.1 of 2022).

4. The learned counsel for the appellant submitted

that the appellant has been implicated in this matter;

nothing was recovered from the possession of the

appellant; the appellant has no criminal history; there are

substantial doubts about the conviction, and, the appellant

has undergone more than 19 months in custody.

5. The learned counsel for the State opposed the

bail application. However, he fairly conceded that the

appellant has no criminal history.

6. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the appellant-

Azad Ahmad alias Mitthu provided he submits a personal

bond and two reliable sureties each in the like amount to

the satisfaction of the court concerned.

7. List this case on 15.10.2022 for final hearing.

___________________ ALOK KUMAR VERMA, J.

Dt: 17.08.2022 JKJ/Pant