CRLR/826/2025
2025 Latest Caselaw 6056 UK

Citation : 2025 Latest Caselaw 6056 UK
Judgement Date : 3 December, 2025

[Cites 5, Cited by 0]

Uttarakhand High Court

CRLR/826/2025 on 3 December, 2025

               Office Notes,
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                                  IA No.1 of 2025 (Bail Application)
                                  In
                                  CRLR No. 826 of 2025
                                  Hon'ble Ashish Naithani, J.

Mr. Siddharth Bankoti, learned Legal Aid Counsel for the Revisionist.

2. Mr. N. S. Kanyal, learned A.G.A. for the State.

3. The present criminal revision under Section 438/442 of BNSS is moved on behalf of the Revisionist to set-aside the impugned judgment and order dated 09.09.2025 passed by learned Additional Sessions Judge, Kotdwar, District Pauri Garhwal in Criminal Appeal No.41 of 2025, titled as "Sagar Chauhan vs. State of Uttarakhand", whereby the learned Appellate Court has confirmed the judgment and order dated 04.07.2025 passed by learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal in Criminal Case No.5521 of 2023, titled as "State vs. Sagar Chauhan"

convicting the Revisionist for the offences punishable under Section 379 of IPC and has been sentenced to two years of simple imprisonment, Section 465 of IPC for two years of simple imprisonment and Section 468 of IPC for four years of simple imprisonment and Rs.10,000/- as fine and in case of default in payment of fine, Revisionist has to undergo additional three months of simple imprisonment.

4. Heard.

5. Admit.

6. Objections, if any, to be filed by the Respondent by the next date fixed.

Heard on the Bail Application (IA No.01 of 2025)

7. Learned counsel for the Revisionist/Applicant submits that the Revisionist/Applicant having no criminal history and has already spent more than two years in jail; the Revisionist/Applicant has falsely been implicated in the instant crime.

8. Learned counsel for the Revisionist/Applicant further submits that both the courts below did not consider the fact that no test identification parade of the Revisionist/Applicant was conducted; that as alleged no PAN card was recovered on the instance of the Revisionist/Applicant; the impugned judgment and order of conviction passed by the courts below are illegal and improper and are based against the evidence on record.

9. Learned State counsel does not oppose the bail application.

10. Having considered the submissions of learned counsel for the parties but without expressing any opinion about the final merits of the case, the Revisionist/Applicant is admitted to bail on executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Trial Court concerned.