CRLR/587/2023
2023 Latest Caselaw 2435 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                        23rd August, 2023

             CRIMINAL REVISION NO. 587 of 2023
                               With
                  Bail Application No.1 of 2023


Between:

Rahish Alias Barati and Others                 ...Revisionists

and

State of Uttarakhand                           ...Respondent

Counsel for the Revisionists     :   Mr. Avidit Noliyal,
                                     Advocate.
Counsel for the State            :   Mrs. Manisha Rana Singh,
                                     A.G.A.

Hon'ble Alok Kumar Verma,J.

Proposed Criminal Revision has been filed against the

judgment dated 31.07.2023, passed by learned IInd

Additional Sessions Judge, Kashipur, District Udham Singh

Nagar in Criminal Appeal No. 47 of 2020, whereby the

said appeal, filed against the judgment dated 17.01.2020,

passed by learned Additional Chief Judicial Magistrate

Kashipur, District Udham Singh Nagar in Criminal Case

No. 470 of 2016, by which, the proposed revisionists-

accused persons were convicted and sentenced to undergo

rigorous imprisonment for a period of two years along with

a fine of Rs. 2,000/- each under Section 411 of the Indian

Penal Code, 1860, has been dismissed.

2. Heard Mr. Avidit Noliyal, learned counsel for the

revisionists and Mrs. Manisha Rana Singh, learned A.G.A.

for the State.

3. Mr. Avidit Noliyal, Advocate, contended that the

alleged recoveries were planted and there are material

contradictions in the statements of the prosecution's

witnesses regarding the recoveries.

4. Admit.

5. List on 04.12.2023.

6. Heard on the Bail Application (IA No. 1 of 2023).

7. Learned counsel for the revisionists has

submitted that revisionists were on bail during the trial

and appeal and the conditions of bail were never misused

by them.

8. Considering the facts and circumstances of the

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

Rahish alias Barati, Usman and Hazi Shakeel.

9. Let the revisionists be released on bail on their

executing personal bonds and furnishing two reliable

sureties, each in the like amount, to the satisfaction of the

Trial Court.

___________________ ALOK KUMAR VERMA, J.

Dt: 23.08.2023 Nahid