Uttarakhand High Court

CRLR/50/2025 on 7 July, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes, reports,
                orders or proceedings
SL. No   Date     or directions and                                  COURT'S OR JUDGES'S ORDERS
                Registrar's order with
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                                         CRLR No.50 of 2025
                                         Hon'ble Pankaj Purohit, J.

Mr. Yogesh Pant and Ms. Hashi Gupta, learned counsel for the revisionist.

2. Mr. B.C. Joshi, learned AGA for the State.

3. Delay in filing the counter affidavit/ objection is condoned. Counter affidavit/ objection filed on behalf of the State, is taken on record. Delay condonation application (IA/2/2025) made therefor, is allowed.

4. The instant revision has been filed by the revisionist against the judgment and order dated 18.12.2024 passed by learned Sessions Judge, Champawat in Criminal Appeal No.36 of 2024 Yogesh Rana & others Vs. State, whereby, the appeal preferred by the revisionist was dismissed and judgment and order dated 12.09.2024 passed by learned Chief Judicial Magistrate, District Champawat, in Criminal Case No.1048 of 2024, was affirmed, by which the revisionist was convicted and sentenced as under:-

                                              S.No.   Conviction           Sentence               Fine

                                              1.      419/120B IPC         03 years' S.I.         --



                                              2.      420/120B IPC         05 years' S.I.         Rs.5,000/-



                                              3.      468/120B IPC         05 years' S.I.         Rs.5,000/-



                                              4.      471/120B IPC         03 years' S.I.         Rs.5,000/-

Aforesaid sentences were directed to run concurrently and in default of the payment of fine, further 60 days' additional simple imprisonment was imposed upon him.

5. Learned counsel for revisionist/applicant would press the bail application (IA/1/2025) in instant revision.

6. It is contended by learned counsel for the revisionist/applicant that the revisionist/ applicant is under incarceration from the date of his conviction, whereas, he has been convicted for a period of maximum five years.

7. It is further contended by the learned counsel for the revisionist/applicant that the revisionist/applicant has been falsely implicated and has wrongly been convicted by the learned Trial Court and further by the learned Appellate Court.

8. Per contra, learned State Counsel has supported the judgment and order passed by learned Trial Court as well as by the learned Appellate Court. It is contended by learned State Counsel that the conviction was based upon the FSL Report and witnesses, who also had deposed against the revisionist/applicant.

9. Having heard the rival submissions made by learned counsel for the parties and having gone through the impugned judgments and orders,

this Court is of the view that at present the revisionist-applicant is entitled to be released on bail.

10. Accordingly, the bail application (IA/1/ 2025) is allowed. Let the revisionist/applicant- Girish Chandra Joshi, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Magistrate concerned.

11. Put up for final hearing on 06.10.2025.

(Pankaj Purohit, J.) 07.07.2025 AK