Nitin Kumar vs State Of Uttarakhand
2023 Latest Caselaw 3486 UK

Uttarakhand High Court

Nitin Kumar vs State Of Uttarakhand on 1 December, 2023

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

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

                  01st DECEMBER, 2023

           CRIMINAL REVISION NO. 841 of 2023


Nitin Kumar                                .....Revisionist

                         Versus

State of Uttarakhand                     .....Respondent


Counsel for the Revisionist   :    Mrs. Prabha Naithani,
                                   Advocate.
Counsel for the Respondent    :   Mr. M.K. Chand,
                                  A.G.A.


Hon'ble Alok Kumar Verma,J.

Revisionist-accused Nitin Kumar was convicted

under Section 417 of the Indian Penal Code, 1860 (in

short, "IPC") and was sentenced to undergo rigorous

imprisonment for a period of six months along with a fine

of Rs. 1,000/-; he was convicted and sentenced to

undergo rigorous imprisonment for a period of two years

along with a fine of Rs.5,000/- under Section 419 IPC;

and, he was further convicted and sentenced to undergo

rigorous imprisonment for a period of two years along with

a fine of Rs. 5,000/- under Section 120B IPC. All the

sentences were directed to run concurrently.

2. Against the said judgment dated 16.12.2019,

passed by learned Judicial Magistrate, Srinagar, District

Pauri Garhwal in Criminal Case No.95 of 2016, an Appeal

(Criminal Appeal No.06 of 2020) was filed. The said

Appeal has been dismissed vide judgment dated

12.10.2023, passed by learned Sessions Judge, Pauri

Garhwal.

3. Mrs. Prabha Naithani, Advocate, contended that

there are no cogent and reliable evidence on record to

connect the revisionist with the alleged offences.

4. Admit.

5. List on 15.02.2024.

6. Heard on the Bail Application (IA No. 01 of

2023).

7. Mrs. Prabha Naithani, Advocate, submitted that

the revisionist was on bail during the trial and appeal, and,

the conditions of bail were never misused by him.

8. Considering the facts and circumstances of the

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

Nitin Kumar.

9. Let the revisionist- Nitin Kumar be released on

bail on his executing a personal bond and furnishing two

reliable sureties, each in the like amount, to the

satisfaction of the Trial Court.

___________________ ALOK KUMAR VERMA, J.

Dt: 01.12.2023 Neha