CRLR/46/2025
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Uttarakhand High Court

CRLR/46/2025 on 21 August, 2025

                     Office Notes,
                    reports, orders
SL.                 or proceedings
         Date                                          COURT'S OR JUDGES'S ORDERS
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      21.08.2025                       CRLR No. 46 of 2025
                                       Hon'ble Ashish Naithani, J.

Mr. K. S. Rautela along with Mr. Amit Kapri, learned counsel for the revisionists.

2. Mr. Vipul Painuly, learned A.G.A. assisted by Mr. Prabhat Kandpal, learned Brief Holder for the State.

3. This criminal revision under Section 438/442 of BNSS, 2023 is filed by the revisionists/convict for setting-aside the judgment and order dated 12.12.2024 passed by learned Session Judge, Pithoragarh in Criminal Appeal No.24 of 2021, titled as "Narendra Singh & Another vs. Divisional Forest Officer, Pithoragarh Forest Range, Pithoragarh and Another", whereby the learned Session Judge dismissed the appeal and confirmed the order dated 10.09.2021 passed by learned Chief Judicial Magistrate, Pithoragarh in H2 Range Case No.50/2018, Forest Ven Range, Thaana Kotwali, District Pithoragarh, Criminal Case No.1320 of 2018, titled as "State of Uttarakhand (Van Vibhag) vs. Narendra Singh & Another", convicting the revisionists/applicants for three years rigorous imprisonment along with a fine of `10,000/- each for the offence punishable under Section 51 r/w Section 9 and Section 51 r/w Section 39 of Wildlife (Protection) Act, 1972. In default of payment of fine, the revisionists/applicants have been directed to further undergo four months additional simple imprisonment.

4. Heard on the Bail Application (IA No.02 of 2025)

5. Counsel for the revisionists/applicants submits that the revisionists/applicants were innocent and respondent no.2 has falsely been implicated them with ill motive; the revisionists/applicants have no previous criminal history; the revisionists/applicants were on bail during pendency of the appeal as well as the trial and they have never misused the bail granted to them.

6. Learned State counsel vehemently opposed the bail application, however, he does not dispute the above submissions made by learned counsel for the revisionists/applicants.

7. Having considered the submissions of learned counsel for the parties but without expressing any opinion about the final merits of the case, the revisionists/applicants are admitted to bail on furnishing bail bond with two sureties in the amount of ₹40,000/- and personal bond of the like amount to the satisfaction of the Trial Court concerned.

8. Bail Application stands allowed.

9. List this matter on 08.10.2025 for final hearing.

(Ashish Naithani, J.) 21.08.2025 Akash