Gaurav Kumar vs State Of Uttarakhand And Another
2023 Latest Caselaw 2971 UK

           IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL

            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                        05th OCTOBER, 2023
                 CRIMINAL REVISION NO. 701 of 2023


Gaurav Kumar                                        .....Revisionist


                            Versus


State of Uttarakhand and Another                    ...Respondents

Counsel for the Revisionist :        Mr. P.C. Petshali, Advocate, with
                                     Ms. Reeta Saxena, Advocate.
Counsel for the State      :         Mrs. Manisha Rana Singh, AGA.



Hon'ble Alok Kumar Verma,J.

Proposed Criminal Revision has been filed against the

judgment dated 03.08.2023, passed by learned Additional Sessions

Judge, Khatima, District Udham Singh Nagar in Criminal Appeal No.178

of 2021, by which, the Appeal, filed against the judgment dated

18.08.2021, passed by learned Additional Chief Judicial Magistrate,

Khatima, District Udham Singh Nagar in Criminal Case No.22 of 2015,

by which, the revisionist - accused was convicted and sentenced under

Sections 279, 337 and Section 304A of the Indian Penal Code, 1860,

has been dismissed.

2. Heard Mr. P.C. Petshali, learned counsel with Ms. Reeta

Saxena, learned counsel for the revisionist and Mrs. Manisha Rana

Singh, learned AGA for the State.

3. Mr. P.C. Petshali, Advocate, contended that there is no

evidence available on the record regarding the rash and negligence

driving.

4. Admit.

5. Issue notice to the respondent no.2. Steps to be taken

within a week.

6. List on 29.12.2023.

7. Heard on the Bail Application (IA No.02 of 2023).

8. Mr. P.C. Petshali, Advocate, has submitted that the

revisionist was on bail during the trial and appeal, and, the conditions of

bail were neither violated nor misused by him.

9. Having considered the submissions of learned counsel for the

revisionist and in the facts and circumstances of the case, this Court is

of the view that the revisionist deserves bail at this stage.

10. The Bail Application (IA No.01 of 2023) is allowed.

11. Let the revisionist - Gaurav Kumar be released on bail on his

executing a personal bond and furnishing two reliable sureties, in the

like amount, to the satisfaction of the Court concerned.

___________________ ALOK KUMAR VERMA, J.

Dated 05.10.2023 Pant/