Abhishek Rai vs State Of Uttarakhand
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Uttarakhand High Court

Abhishek Rai vs State Of Uttarakhand on 26 August, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

    HON'BLE JUSTICE SHRI RAVINDRA MAITHANI
                                  AND
            HON'BLE JUSTICE SHRI ALOK MAHRA
                        26TH AUGUST, 2025

               Bail Application (IA No.1 of 2022)
                                   In
               Criminal Appeal No. 347 of 2022

Abhishek Rai                                           ...... Appellant

                                   Vs.

State of Uttarakhand                              ......Respondent


                                  With


               Bail Application (IA No.1 of 2022)
                                   In
               Criminal Appeal No. 407 of 2022
Golu @ Chandan                                         ...... Appellant

                                   Vs.

State of Uttarakhand                              ......Respondent


Presence:
Mr.R.S. Sammal and Mr. M.K. Ray, learned counsel for the
appellants.
Mr. Pankaj Joshi, learned AGA for the State.

(Per: Shri Ravindra Maithani, J.)


            These   instant   appeals    have   been    preferred   against

judgment and order dated 08.08.2022, passed in Sessions Trial

No.47 of 2015, State Vs. Abhishek Rai and another, Sessions Trial

No.48 of 2015, State vs. Abhishek Rai & Sessions Trial No.49 of

2015, State Vs. Golu @ Chandan Paswan, by the court of 3rd

Additional District and Sessions Judge, Rudrapur, District Udham

Singh Nagar. By it, the appellants have been convicted and
                                  2

sentenced under Sections 302/34, 394/34, 397/34 and 411/34 IPC

& Section 25 of Arms Act. The appellants have been awarded life

imprisonment. They seek bail.

2.        Learned counsel for the appellants would submit that the

appellants have been in custody for more than 10 years and have

already undergone more than half of the sentence imposed upon

them and there is less chance of appeals being heard in near future.

4.        The period of the custody, which the appellants have

undergone, has been admitted by the learned State Counsel.

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

case in which the execution of sentence should be suspended and

the appellants be enlarged on bail.

6.        The bail applications are allowed.

7.        The sentence appealed against is suspended during the

pendency of the appeal.

8.        The appellants, namely, Abhishek Rai and Golu @

Chandan be released on bail during the pendency of the appeals on

their executing a personal bond and furnishing two reliable sureties

by each one of them, each of the like amount, to the satisfaction of

the court concerned.

9.        Since the appeals have already been admitted, list in due

course for final hearing.




                                          RAVINDRA MAITHANI, J.

ALOK MAHRA, J. Dated: 26.08.2025 BS