Ashok Singh vs State Of Uttarakhand And Another
2023 Latest Caselaw 3527 UK

Uttarakhand High Court

Ashok Singh vs State Of Uttarakhand And Another on 8 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

                        8th DECEMBER , 2023
                 CRIMINAL REVISION NO. 572 of 2023


Ashok Singh                                          .....Revisionist


                            Versus


State of Uttarakhand and Another                     ...Respondents

Counsel for the Revisionist :        Mr. Saurav Adhikari, Advocate.
Counsel for the State       :        Mr. V.K. Gemini, Deputy
                                     Advocate General.

Hon'ble Alok Kumar Verma,J.

Proposed Revisionist - accused Ashok Singh was convicted and sentenced to undergo rigorous imprisonment for a period of six months along with a fine of Rs. 1,000/- under Section 279 of the Indian Penal Code, 1860 (in short, "IPC"), and, he was further convicted and sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs.1,000/- under Section 304A IPC. Both the sentences were directed to run concurrently.

2. Against the said judgment, an Appeal (Criminal Appeal No.87 of 2018) was filed. The said Appeal has been dismissed vide judgment dated 27.10.2022, passed by learned IInd Additional Sessions Judge, Haldwani, District Nainital.

3. Heard Mr. Saurav Adhikari, learned counsel for the revisionist and Mr. V.K. Gemini, learned Deputy Advocate General for the State.

4. Mr. Saurav Adhikari, Advocate, contended that the case of the revisionist is that he was not driving the offending vehicle at the time of the incident and there is no cogent and reliable evidence on record to connect the revisionist with the said offences.

5. Admit.

6. Issue notice to the respondent no.2. Steps to be taken

within a week.

7. List on 27.02.2024.

8. Heard on the Bail Application (IA No.02 of 2023).

9. Mr. Saurav Adhikari, Advocate, submits that the revisionist is in judicial custody since 20.06.2023. He was on bail during the trial and the appeal, and, the conditions of bail were never misused by him.

10. Having considered the submissions of learned counsel for the parties and in the facts and circumstances of the case, this Court is of the view that the revisionist deserves bail at this stage.

11. The Bail Application (IA No.02 of 2023) is allowed.

12. Let the revisionist - Ashok Singh be released on bail on his executing a personal bond and furnishing two reliable sureties, in the like amount, to the satisfaction of the Court concerned.

___________________ ALOK KUMAR VERMA, J.

Dated 08.12.2023 Pant/