Between vs Unknown
2022 Latest Caselaw 3404 UK

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

                  19th OCTOBER, 2022

        Criminal Miscellaneous Application No.1 of 2021
                          In
             CRIMINAL APPEAL NO.312 of 2021


Between:

Gurmeet Singh.                                  .....Appellant

and

State of Uttarakhand.                            ...Respondent


Counsel for the Appellant :      Mr. Anchit Khokher,
                                 learned counsel.
Counsel for the State          : Mrs. Shivangi Gangwar,
                                 learned Brief Holder.


Hon'ble Alok Kumar Verma,J.

The present Criminal Appeal has been filed by

the appellant-Gurmeet Singh against the judgment dated

08.10.2021, passed by the learned Additional Sessions

Judge, Ram Nagar, District Nainital in Sessions Trial No.73

of 2019, "State of Uttarakhand vs. Gurmeet Singh", by

which, the appellant has been convicted and sentenced to

undergo rigorous imprisonment for a period of two years

along with a fine of Rs.5,000/- for the offence under

Section 411 of the Indian Penal Code (in short "IPC"); he

has been convicted and sentenced to undergo rigorous

imprisonment for a period of four years along with a fine

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

413 IPC, and, he has been further convicted and

sentenced to undergo rigorous imprisonment for a period

of four years along with a fine of Rs.10,000/- for the

offence punishable under Section 468 of IPC. All the

sentences are directed to run concurrently.

2. Heard Mr. Anchit Khokher, the learned counsel

for the appellant and Mrs. Shivangi Gangwar, the learned

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

2021), filed under Section 389 of the Code of Criminal

Procedure, 1973.

3. The learned counsel appearing for the appellant

submitted that the appellant has been implicated in this

matter; he is in custody since 08.10.2021; he is a

permanent resident of District Nainital; he has no criminal

history; he was on bail during the trial and the conditions

of bail were neither misused nor violated by him.

4. Even availing sufficient opportunity to file

objection to the bail application, objection has not been

filed till date.

5. The learned counsel appearing for the State

opposed the bail application orally, however, she fairly

conceded that the appellant was on bail during the trial

and the conditions of 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,

namely, Gurmeet Singh, provided he submits his personal

bond and two reliable sureties, each in the like amount to

the satisfaction of the court concerned with the following

conditions:-

(i) The appellant will maintain peace and tranquility during the pendency of the appeal.

(ii) The appellant will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.

7. List this case on 10.01.2023 for final hearing.

___________________ ALOK KUMAR VERMA, J.

Dt: 19.10.2022 Neha