Aman Kumar vs State Of Uttarakhand
2023 Latest Caselaw 3514 UK

Uttarakhand High Court

Aman Kumar vs State Of Uttarakhand on 6 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

                         6th DECEMBER, 2023
                CRIMINAL REVISION NO. 771 of 2023


Aman Kumar                                        .....Revisionist

                               Versus

State of Uttarakhand                               ...Respondent

Counsel for the Revisionist    :   Mr. Vikas Kumar Guglani,
                                   Advocate.

Counsel for the State          :   Mr. Pratiroop Pandey, A.G.A. with
                                   Mr. Rakesh Negi, Brief Holder.

Hon'ble Alok Kumar Verma,J.

Revisionist-accused was convicted and sentenced to

undergo rigorous imprisonment for a period of ten months along

with a fine of Rs. 500/- under Section 411 of the Indian Penal

Code, 1860 vide judgment dated 28.06.2019, passed by learned

Additional Chief Judicial Magistrate/IInd Additional Civil Judge

(Senior Division), Rudrapur, District Udham Singh in Criminal Case

No. 9572 of 2018. Against the said judgment, an Appeal was filed

by the revisionist. The said Appeal (Criminal Appeal No. 211 of

2019) has been dismissed vide judgment dated 19.05.2023,

passed by learned IInd Additional Sessions Judge, Rudrapur,

District Udham Singh Nagar.

2. Heard Mr. Vikas Kumar Guglani, learned counsel for the

revisionist and Mr. Pratiroop Pandey, learned A.G.A. along with

Mr. Rakesh Negi, learned Brief Holder for the State.

3. Mr. Vikas Kumar Guglani, Advocate, contended that

there are material contradictions in the statements of the

prosecution's witnesses.

4. Admit.

5. List on 26.02.2024.

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

7. Learned counsel for the revisionist has submitted that

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

conditions of bail were never misused by him. He is in judicial

custody since 27.09.2023.

8. Learned counsel for the State has opposed the bail

application. However, he has conceded that the revisionist was on

bail during the trial and appeal, and, the conditions of bail were

never misused by him.

9. Considering the facts and circumstances of the case,

this Court is inclined to grant bail to the revisionist-Aman Kumar.

10. Let the revisionist 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 subject to the

condition that the revisionist-Aman Kumar will appear personally

before this Court on the date fixed.

___________________ ALOK KUMAR VERMA, J.

Dated 06.12.2023 Shiksha/