Shiv Kumar vs State Of Uttarakhand
2025 Latest Caselaw 6430 UK

Uttarakhand High Court

Shiv Kumar vs State Of Uttarakhand on 18 December, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
             Second Bail Application No. 3 of 2025
                              In
                Criminal Appeal No.191 of 2024

Shiv Kumar                                             ......Appellant

                               Versus


State of Uttarakhand                                   ....Respondent


Present:
             Mr. Vikas Kumar Guglani, Advocate for the appellant.
             Ms. Manisha Rana Singh, D.A.G. for the State.


Hon'ble Ravindra Maithani, J.(Oral)

Instant appeal is preferred against the judgment and order

dated 23.03.2024, passed in Special Sessions Trial No. 75 of 2016.

State Vs. Shiv Kumar, by the court of Special Judge (NDPS), Rudrapur,

District Udham Singh Nagar. By it, the appellant has been convicted

and sentenced under Section 8/22 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 and Sections 147, 148, 225, 186,

332 read with Section 149 IPC and Section 353 read with Section 149

IPC. The appellant seeks bail in this appeal.

2. Heard learned counsel for the parties and perused the

record.

3. This is an admitted appeal.

4. List in due course alongwith connected matters

Heard on Second Bail Application No. 03 of 2025

5 Learned counsel for the appellant submits that the

appellant has been sentenced to rigorous imprisonment for a period of

four years. He has already undergone half of the sentence in custody.

There are less chances of appeal to be heard in near future.

6. Learned State counsel admits these facts.

7. Having considered, without adverting much on merits, this

Court is of the view it is a case in which the execution of sentence

should be suspended and the appellant be enlarged on bail.

8. The bail application is allowed.

9. The execution of sentence appealed against is suspended

during the pendency of the appeal.

10. 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.) 18.12.2025 Jitendra