CRLA/171/2022
2022 Latest Caselaw 1651 UK

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

                       26TH MAY, 2022

             CRIMINAL APPEAL NO. 171 of 2022


Between:

Khilawan Alias Bittu                               ...Appellant

and

State of Uttarakhand.                         ...Respondent


Counsel for the Appellant   : Mr. Aditya Pratap Singh,
                              learned counsel.
Counsel for the State       : Mr. Lalit Miglani,
                              learned A.G.A.

Hon'ble Alok Kumar Verma,J.

This Criminal Appeal has been filed by the

appellant- Khilawan Alias Bittu against the judgment dated

04.05.2022, passed by the 3rd Additional District and

Sessions Judge, Rudrapur, District Udham Singh Nagar in

Sessions Trial No.101 of 2015, "State vs. Mahendra Singh

and Khilawan alias Bittu", whereby, the appellant has been

convicted and sentenced to undergo simple imprisonment

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

for the offence punishable under Section 452 of IPC. He

has been further convicted and sentenced to undergo

rigorous imprisonment for a period of six months along

with a fine of Rs.1,000/- for the offence punishable under

Section 504 of IPC. Both the sentences are directed to

run concurrently.

2. Heard Mr. Aditya Pratap Singh, the learned

counsel for the appellant and Mr. Lalit Miglani, the learned

A.G.A. for the State.

3. Admit.

4. Heard on the bail application.

5. The learned counsel for the appellant submitted

that the appellant is on interim bail. He was on bail during

the trial and the conditions of bail were not violated or

misused by the appellant.

6. The learned counsel for the State opposed the

bail application, however, he fairly conceded that the

appellant was on bail during the trial and the conditions of

bail were neither misused nor violated by the appellant.

7. Considering the facts and circumstances of the

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

Khilawan Alias Bittu , provided he submits a personal bond

and two reliable sureties of the same amount to the

satisfaction of the court concerned.

___________________ ALOK KUMAR VERMA, J.

Dt: 26.05.2022 Ravi