CRJA/54/2023
2023 Latest Caselaw 1424 UK

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                                  CRJA No.54 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. Akram Parvez, Advocate for the appellant/applicant.

Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh Kanwar, Brief Holder for the State.

2. Heard learned counsel for the applicant on bail application.

3. This appeal has been filed against the judgment and order dated 01.04.2023 passed by the learned District & Sessions Judge, Tehri Garhwal in Session Trial No.15 of 2021 State vs. Nitin Kumar & others, whereby accused/applicant-Pinky is convicted for the offence punishable under Section 120-B of IPC for a period of fourteen years and a fine of Rs.10,000/- has been imposed on her. In default of payment of fine applicant was directed to undergo two month's additional imprisonment.

4. It is contended by the counsel for the applicant that the case is based on circumstantial evidence and it has not been proved by the prosecution. It is also contended that applicant is languishing in jail

since 20.03.2021.

5. We have perused the impugned judgment. On substance of the argument made by the counsel for applicant, the prosecution has come up with the case that there is theory of some illicit relation between applicant and Nitin Kumar but there is not a single evidence with regard to the same.

6. Having considered the grounds taken in the bail application, without going into the merits of the case, we are inclined to grant bail to the applicant.

7. The bail application is allowed. The applicant is directed to be released on bail during the pendency of appeal, on her executing a personal bond and furnishing two reliable sureties each of the like amount to the satisfaction of Magistrate concerned.

8. List in due course.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 22.05.2023 Arti