CRLA/114/2022
2022 Latest Caselaw 1976 UK

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

                      04TH JULY, 2022

               BAIL APPLICATION NO.1 of 2022
                            IN
              CRIMINAL APPEAL NO. 114 of 2022


Between:

1. Taufiq
2. Shakil
3. Sagir                                         ...Appellants

and

State of Uttarakhand.                           ...Respondent



Counsel for the Appellants    : Mr. Shailabh Pandey.



Counsel for the State        :   Mr. S.S. Adhikari, learned
                                 Deputy Advocate General
                                 assisted by Mr. B.S. Thind,
                                 learned Brief Holder for the
                                 State.


Hon'ble Alok Kumar Verma,J.

Heard the learned counsel for the parties on Bail

Application (IA No.1 of 2022).

2. The appellants, namely, Taufiq, Shakil and Sagir

have been convicted and sentenced to undergo rigorous

imprisonment for a period of five years along with a fine of

Rs.5,000/- each for the offence punishable under Section

399 of IPC; they have been further convicted and

sentenced to undergo rigorous imprisonment for a period

of three years along with a fine of Rs.3,000/- each for the

offence punishable under Section 402 of IPC vide

judgment of conviction and sentence dated 07.04.2022/

08.04.2022, passed by the IInd Additional Sessions Judge,

Udham Singh Nagar in Sessions Trial No.43 of 2013. Both

the sentences are directed to run concurrently.

3. According to the First Information Report, on

01.07.2012, the appellants along with two others (co-

accused persons) assembled for the purpose of

committing dacoity and made preparation for committing

dacoity. According to the First Information Report, one

knife was recovered from each appellant.

4. The learned counsel for the appellants

submitted that the appellants have been falsely implicated

in this matter; there were material contradictions in the

statements of the prosecution witnesses; nothing was

recovered from the possession of the appellants; the

alleged recoveries were planted; there are substantial

doubts about the conviction; the appellants were on bail

during the trial and the conditions of the bail were neither

misused nor violated by them.

5. Even availing sufficient opportunity to file

objection(s) to the bail application, objection(s) has not

been filed. The learned counsel for the State opposed the

bail application orally. However, he fairly conceded that

the appellants were on bail during the trial and the

conditions of the bail were not misused by them.

6. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the appellants,

namely, Taufiq, Shakil and Sagir, provided they submit

personal bonds and two reliable sureties each in the like

amount to the satisfaction of the court concerned with the

following conditions:-

(i) The appellants shall maintain peace and tranquility during the pendency of the appeal;

(ii) The appellants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;

(iii) The appellants shall not leave India without prior permission of this Court.

7. It is clarified that if the appellants misuse or

violate any of the conditions, imposed upon them, the

State will be free to move the Court for cancellation of

bail.

___________________ ALOK KUMAR VERMA, J.

Dt: 04.07.2022 JKJ/Pant