Uttarakhand High Court
CRLA/1/2022 on 31 August, 2022
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Bail Application (IA No.01 of 2022)
In
CRLA No. 01 of 2022
Shri S.K. Mishra, J.
Shri Alok Kumar Verma, J.
Mr. Tarun Prakash Singh Takuli, learned counsel
for the appellant.
Mr. J.S. Virk, learned Deputy Advocate General
for the State.
This is an application (IA No.1 of 2022), filed
under Section 389 of the Code of Criminal Procedure,
1973 (hereinafter referred as "the Code", for brevity),
for suspension of sentence and grant of bail in this
appeal.
The appellant has been convicted for the offence
under Sections 323, 341 and 376-D of the Indian
Penal Code and has been sentenced to undergo
rigorous imprisonment for a period of one year along
with a fine of Rs.1,000/- under Section 323 of the
Indian Penal Code; he has been further sentenced to
undergo simple imprisonment for a period of one
month along with a fine of Rs.500/- under Section
341 of the Indian Penal Code and he has been further
sentenced to undergo rigorous imprisonment for a
period of twenty years along with a fine of
Rs.20,000/- under Section 376-D of the Indian Penal
Code, with default stipulation by the learned
Additional Sessions Judge/ FTSC, Rudrapur, District
Udham Singh Nagar, in Sessions Trial No. 82 of 2019,
by virtue of the judgment and order dated
30.10.2021. All the sentences are directed to run
concurrently.
In the connected case, we had granted bail to
the co-accused persons and it is further apparent
from the record that the prosecutrix examined as
PW1, has not implicated the appellants in the
commission of the crime and has been declared
hostile by the prosecution. The appellants are not
named in the FIR. They were also not named in the
statement of the victim recorded under Section 164
of the Code. However, the learned trial Judge has
come to the conclusion that the prosecution has
proved its case beyond reasonable doubt only on the
basis of the DNA profiling.
In connected case i.e. Bail Application No.01 of
2022 arising out of Criminal Appeal No.445 of 2021,
the co-accused persons, namely, Ajay Singh Rana
and Golak Sarkar have already been granted
suspension of the sentence and bail on appeal vide
order dated 23.08.2022.
It is also borne out from the record that the
appellants were granted bail during the pendency of
the trial by this Court in BA1 No. 525 of 2019 on
11.07.2019 on the ground that the prosecutrix has
not supported the case of the prosecution.
The appellant is the permanent resident of
Unchi Muhwat, P.S. Jhankaiya, Khatima, District
Udham Singh Nagar. There is no reasonable
apprehension of his absconding from the process of
justice. Also, there is no allegation that he misused
the liberty granted to him during the pendency of the
trial.
In that view of the matter, the bail application is
allowed. The sentence is hereby suspended. The
appellant - Bhole alias Bhola be released on bail on
suitable terms and conditions as deem just and
proper by the learned Additional Session Judge/
FTSC, Rudrapur, Udham Singh Nagar, in aforesaid
case.
List this matter along with connected matters on
11.04.2022 for final disposal.
(Alok Kumar Verma, J.) (S.K. Mishra, J.)
31.08.2022
JKJ/Pant
