Anees And Another ... vs State Of Uttarakhand
2023 Latest Caselaw 3161 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
          THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                  13th OCTOBER, 2023

           CRIMINAL REVISION NO. 576 of 2023


Anees and Another                               .....Revisionists

                          Versus

State of Uttarakhand                          .....Respondent


Counsel for the Revisionists         :       Mrs. Sheetal
                                             Selwal, Advocate.
Counsel for the Respondent           :    Mrs. Manisha Rana
                                         Singh, A.G.A.

Hon'ble Alok Kumar Verma,J.

Proposed Criminal Revision has been filed

challenging the judgment dated 01.08.2023, passed by

learned IInd Additional Sessions Judge, Kashipur, District

Udham Singh Nagar in Criminal Appeal No.266 of 2021, by

which, the Appeal, filed against the judgment dated

29.11.2021, passed by learned Additional Chief Judicial

Magistrate, Kashipur, District Udham Singh Nagar in

Criminal Case No.2239 of 2012, by which, the revisionists-

accused persons were convicted and sentenced to undergo

rigorous imprisonment for a period of two years along with

a fine of Rs. 2,000/- each for the offence under Section

411 of the Indian Penal Code 1860, has been dismissed.

2. Mrs. Sheetal Selwal, Advocate, submits that

there are material contradictions in the statements of the

prosecution's witnesses, therefore, there are substantial

doubts about the conviction.

3. Admit.

4. List on 27.12.2023.

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

6. Mrs. Sheetal Selwal, Advocate, contended that

the revisionists were on bail during the trial and appeal,

and, the conditions of bail were never misused nor

violated by them.

7. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the revisionists

Anees and Farjand. Bail Application is allowed.

8. Let the revisionists be released on bail on their

executing personal bonds and furnishing two reliable

sureties, each in the like amount, to the satisfaction of the

Trial Court.

9. Urgency Applications (IA Nos. 02 of 2023, 03 of

2023 and 04 of 2023) stand disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dt: 13.10.2023 Neha