CRLA/8/2023
2023 Latest Caselaw 112 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                  07TH JANUARY, 2023

                CRIMINAL APPEAL NO.08 of 2023

Between:
Akram                                           ...Appellant

and
State of Uttarakhand.                          ...Respondent


Counsel for the Appellant   :   Mr. Mani Kumar, Advocate.


Counsel for the State       :   Mr. T.C. Agarwal,
                                Deputy Advocate
                                General for the State.


Hon'ble Alok Kumar Verma,J.

The present Appeal has been filed against the

judgment dated 09.12.2022, passed by the learned IInd

Additional Sessions Judge/ Special Judge (Gangster Act),

Udham Singh Nagar in Special Sessions Trial No.50 of

2017, "State vs. Faizan Ansari and Akram", by which, the

appellant - Akram has been convicted and sentenced to

undergo rigorous imprisonment for a period of two years

along with a fine of Rs.5,000/- for the offence punishable

under Section 3(1) of the Uttar Pradesh Gangsters and

Anti Social Activities (Prevention) Act, 1986 (as applicable

in the State of Uttarakhand).

2. Heard Mr. Mani Kumar, learned counsel for the

appellant and Mr. T.C. Agarwal, learned Deputy Advocate

General for the State.

3. This Criminal Appeal is admitted.

4. Heard on Bail Application.

5. Learned counsel for the appellant submitted that

the appellant had been convicted in a criminal case,

against which an appeal is pending. In the said appeal, the

appellant has been granted bail. He further submitted that

the appellant is a permanent resident of District Udham

Singh Nagar. He was on bail during the trial and the

conditions of the bail were neither misused nor violated by

him, and, after conviction, he is on interim bail.

6. Learned counsel for the State opposed the bail

application. However, he fairly conceded that the appellant

was on bail during the trial and the conditions of the bail

were neither misused nor violated by him.

7. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the appellant-

Akram provided he submits a personal bond and two

reliable sureties each in the like amount to the satisfaction

of the court concerned.

8. Bail Application (IA No.1 of 2023) stands

disposed of accordingly.

9. List this case on 12.05.2023.

___________________ ALOK KUMAR VERMA, J.

Dt: 07.01.2023 Pant/