CRLR/489/2023
2023 Latest Caselaw 1937 UK

         IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                               25TH JULY, 2023
                 CRIMINAL REVISION NO. 489 of 2023

Between:
Udit Kumar Bhagat                                            .....Revisionist
and
State of Uttarakhand.                                        ...Respondent

Counsel for the Revisionist :             Mr. Bhuwan Bhatt, Advocate.

Counsel for the State          :          Mrs. Manisha Rana Singh, AGA.

Hon'ble Alok Kumar Verma,J.

Revisionist - accused Udit Kumar Bhagat was convicted and

sentenced to undergo rigorous imprisonment for a period of six months

along with a fine of Rs.1,000/- for the offence under Section 279 of the

Indian Penal Code, 1860 (for short, "IPC"); he was convicted and

sentenced to undergo rigorous imprisonment for a period of one year

along with a fine of Rs.1,000/- for the offence punishable under Section

338 IPC, and, he was convicted for the offence punishable under

Section 304A IPC and was sentenced to undergo rigorous imprisonment

for a period of two years along with a fine of Rs. 2,000/-. All the

sentences were directed to run concurrently.

2. Against the said judgment dated 20.02.2020, passed by

learned Trial Court, an Appeal (Criminal Appeal No.47 of 2020) was

filed. The said Appeal has been dismissed vide judgment dated

15.07.2023, passed by learned IInd Additional Sessions Judge,

Haldwani, District Nainital.

3. Heard Mr. Bhuwan Bhatt, learned counsel for the revisionist

and Mrs. Manisha Rana Singh, learned AGA for the State.

4. Mr. Bhuwan Bhatt, Advocate, has submitted that the

revisionist surrendered on 24.07.2023 before the court concerned.

5. Admit.

6. List on 21.11.2023.

7. Heard on Bail Application (IA No.01 of 2023).

8. Mr. Bhuwan Bhatt, Advocate, contended that there are

substantial doubt about the conviction. Revisionist was on bail during

the trial and appeal, and, the conditions of bail were neither violated

nor misused by him.

9. Learned counsel for the State has opposed the bail

application.

10. Having considered the submissions of learned counsel for

both 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.01 of 2023) is allowed.

12. Let the revisionist - Udit Kumar Bhagat 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 Court concerned.

13. Let a certified copy of this order be supplied to the learned

counsel for the revisionist, today itself, on payment of usual charges.

___________________ ALOK KUMAR VERMA, J.

Dated 25.07.2023 Pant/