Shyam Babu vs State Of Uttarakhand
2025 Latest Caselaw 1846 UK

Uttarakhand High Court

Shyam Babu vs State Of Uttarakhand on 8 August, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

  IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

               Criminal Appeal No. 612 of 2024
                                     With
           IA No.4 of 2025 For Second Bail Application

Shyam Babu                                                ...... Appellant

                                     Vs.

State of Uttarakhand                                   ..... Respondent

Present:
Mr. Nandan Arya, Advocate for the appellant.
Mr. V.S. Rawat, A.G.A. for the State of Uttarakhand.

Hon'ble Ravindra Maithani, J. (Oral)

The instant appeal has been preferred against

judgment and order dated 08.10.2024, passed in Sessions Trial

No.83 of 2019, State Vs. Shyam Babu and Others, by the court of

Additional Sessions Judge, Khatima, District Udham Singh Nagar.

By it, the appellant has been convicted and sentenced under

Sections 326 and 307 IPC.

2. Heard.

3. This is an admitted appeal.

4. List in due course for final hearing.

5. Heard on Second Bail Application (IA) No.4 of

2025.

6. According to the prosecution case, on 01.09.2018,

when the injured Nitish Kumar was returning to his home from

school, he was attacked by the appellant and others, due to which

he sustained injuries.

7. Learned counsel for the appellant submits that the

appellant is innocent; the injured has not supported the

prosecution case; according to him, the appellant did not cause

any injury to him; there have been three persons named in the

FIR, and on the same set of evidence, two of them have been

acquitted.

8. Learned State Counsel admits these factual

narrations, but he submits that PW3, Suman, has supported the

prosecution case and the medical also support the prosecution

case.

9. Having considered, this Court is of the view that it

is a case in which the execution of sentence should be suspended

and the appellant be enlarged on bail.

10. The bail application is allowed.

11. The sentence appealed against is suspended

during the pendency of the appeal.

12. The appellant be released on bail during the

pendency of the appeal on his executing a personal bond and

furnishing two reliable sureties, each of the like amount, to the

satisfaction of the court concerned.

(Ravindra Maithani, J.) 08.08.2025

Ravi Bisht