CRLR/1/2023
2023 Latest Caselaw 367 UK

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

                  10TH FEBRUARY, 2023

             CRIMINAL REVISION NO.1 of 2023

Between:

Mohd. Ahsan and Others.                    .....Revisionists

and

State of Uttarakhand and Another.          .....Respondents


Counsel for the Revisionists   :    Mrs. Indu Sharma,
                                    Advocate.
Counsel for the Respondents    :    Mr. Pratiroop Pandey,
                                    A.G.A.


Hon'ble Alok Kumar Verma,J.

The revisionists, namely, Mohd. Ahsan, Raseed

and Shanwaj were convicted and sentenced to undergo

rigorous imprisonment for a period of three years along

with a fine of Rs.3,000/- each for the offence punishable

under Section 5/11 of the Uttarakhand Protection of Cow

Progeny Act, 2007.

2. Against the said judgment dated 31.10.2019,

passed by the learned Trial Court, the appellants had filed

a Criminal Appeal (No.241 of 2019). The said appeal has

been dismissed on 08.12.2022.

3. Heard Mrs. Indu Sharma, learned counsel for

the revisionists and Mr. Pratiroop Pandey, learned A.G.A.

for the respondents.

4. Admit.

5. Heard on the Bail Application No.1 of 2023.

6. Mrs. Indu Sharma, learned counsel appearing

for the revisionists, submitted that there are material

contradictions in the statements of the prosecution's

witnesses; therefore, there are substantial doubts about

the conviction. The revisionists were on bail during the

trial and the appeal and the conditions of bail were neither

misused nor violated by them. The revisionists have no

criminal history.

7. Mr. Pratiroop Pandey, learned A.G.A. for the

State, opposed the bail application.

8. Considering the facts and circumstances of the

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

namely, Mohd. Ahsan, Raseed and Shanwaj, provided they

submit their personal bonds and two reliable sureties,

each in the like amount to the satisfaction of the court

concerned.

9. Bail Application (No.1 of 2023) is allowed

accordingly.

10. Registry is directed to send a soft copy of this

bail order immediately by e-mail to the revisionists-

prisoners through the concerned Jail Superintendent for

necessary action.

11. List this case on 20.05.2023.

___________________ ALOK KUMAR VERMA, J.

Vacation Judge

Dt: 10.02.2023 Neha