CRLA/48/2021
2022 Latest Caselaw 2576 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                    22ND AUGUST, 2022


               BAIL APPLICATION NO.1 of 2021
                            IN
               CRIMINAL APPEAL NO.48 of 2021

Between:
Kinnu alias Manoj                                 ...Appellant

and
State of Uttarakhand.                            ...Respondent


Counsel for the Appellant   :    Mr. Lalit Sharma.


Counsel for the State       :    Mrs. Shivangi Gangwar,
                                 learned Brief Holder for the
                                 State.


Hon'ble Alok Kumar Verma,J.

The appellant-Kinnu alias Manoj has been

convicted and sentenced to undergo rigorous

imprisonment for a period of seven years along with a fine

of Rs.10,000/- for the offence punishable under Section

304 Part II of IPC vide judgment dated 17.02.2021,

passed by the IInd Additional Sessions Judge, Udham Singh

Nagar in Sessions Trial No.301 of 2013, "State vs. Kinnu

alias Manoj and Another".

2. Heard Mr. Lalit Sharma, the learned counsel for

the appellant and Mrs. Shivangi Gangwar, the learned

Brief Holder for the State on Bail Application (IA No.1 of

2021).

3. The learned counsel for the appellant submitted

that the appellant has been implicated in this matter;

there are material contradictions in the statements of the

prosecution's witnesses; there are substantial doubts

about the conviction; a co-accused has been granted bail

by this High Court; the appellant has no criminal history;

he is in custody since 17.02.2021, and, the appellant was

on bail during the trial and the conditions of the bail were

neither misused nor violated by him.

4. The learned counsel for the appellant further

submitted that the appellant undertakes to deposit the

fine, as imposed by the learned trial court, within ten days

from the date of his release on bail.

5. The learned counsel for the State opposed the

bail application. However, she fairly conceded that the

appellant has no criminal history and he was on bail

during the trial and the conditions of the bail were neither

misused nor violated by him.

6. Considering the facts and circumstances of the

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

Kinnu alias Manoj 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 20.10.2022 for final hearing.

8. Bail Application (IA No.1 of 2021), Misc.

Application (IA No.2 of 2021) and Urgency Application (IA

No.3 of 2022) stand disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dt: 22.08.2022 JKJ/Pant