CRLA/80/2022
2023 Latest Caselaw 1693 UK

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                                  CRLA No. 80 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

(1) Mr. M.K. Ray, learned counsel for the appellant.

(2) Mr. Rakesh Joshi, learned Brief Holder for the State of Uttarakhand.

(3) This appeal is filed under Section 374(2) of Cr.P.C. against the judgment and order dated 04.03.2022 rendered by learned 3rd Additional District & Sessions Judge, Rudrapur, District Udham Singh Nagar in Sessions Trial No. 149 of 2016, whereby appellant was convicted for offence under Section 364-A read with Section 34 of I.P.C. and sentenced to undergo life imprisonment with fine of ₹10,000/-, in case of failure to pay fine, appellant was to undergo further rigorous imprisonment for three months.

(4) Heard learned counsel for the parties on the bail application and perused the record.

(5) Mr. M.K. Ray, learned counsel for appellant submitted that during the course of trial, kidnapped boy (Ankit Pal

- P.W.3) did not identify the present appellant, and moreover, he has stated in his evidence that appellant (Bhagwan Das) was not known to him and he has not snatched his mobile phone. He further submits that the only evidence, which is against the present appellant, is the statement of Harnarayan Pal (P.W.1), who is father of kidnapped boy. Although P.W.1 supported the prosecution version of complicity of present appellant in the alleged crime but in the cross-examination he did not support the prosecution case. In his cross-examination he has stated that he did not recognise or identify the present appellant.

(6) The conviction has been recorded against the appellant only on the basis of the statement of the (P.W.1) and the Investigating Officer (P.W.5), by whom the kidnapped child was recovered from Village Gangsar, District Saharanpur (U.P.). Appellant was on bail during trial and he had never misused the bail; and at present he is under incarceration since the date of conviction i.e 04.03.2022.

(7) We have gone through the evidence of P.W.3 as well as evidence of P.W.1; we feel that at this stage appellant is entitled to be released on bail during pendency of this appeal.

(8) Accordingly, Bail Application (IA No. 1 of 2023) is allowed. Let the appellant be released on bail during the pendency of this appeal on his executing a personal bond and furnishing two reliable sureties each of the like amounts to the satisfaction of the Court concerned. Appellant is directed to appear before Police Station Kichha, District Udham Singh Nagar, once in every fortnight.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 20.06.2023 Aswal