Uttarakhand High Court

CRLA/295/2010 on 3 June, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  CRLA No.295 of 2010
                                  Hon'ble Pankaj Purohit, J.

Mr. Karan Singh Dugtal, learned counsel along with Ms. Aklema Parveen, learned counsel for the appellant.

2. Mr. S.S. Chauhan, learned DAG along with Mr. Vikas Uniyal, learned Brief Holder for the State.

3. The appellant/applicant was convicted by reason of the judgment and order dated 07.12.2010 passed by Additional District & Sessions Judge/1st F.T.C., Haldwani, Nainital in Sessions Trial No.90 of 2008, State vs. Babu, under Section 489C IPC and sentenced to four years' R.I. and a find of Rs.1,000/- with default stipulation of six months' additional imprisonment. The instant appeal was preferred against the aforesaid conviction.

4. Today, the matter is listed on second bail application (IA No.1451/2024).

5. Appellant/applicant was granted bail by a Co-ordinate Bench of this Court on 14.03.2011. Since the appellant/applicant or his counsel were absent on 20.12.2023, the Co-ordinate Bench of this Court issued non-bailable warrant against him, pursuant to which, appellant is in jail as per the report of CJM, Nainital dated 10.01.2024.

6. Since the appellant/applicant has been enlarged on bail by a Co-ordinate Bench of this Court on 14.03.2011 and now, he has been represented by his Advocate, therefore, this Court is of the view that it is expedient to release the appellant/applicant on bail.

7. Accordingly, the second bail application is allowed.

8. Let the appellant/applicant-Babu be released on bail on his executing a personal bond and furnishing two reliable sureties each of the like amount to the satisfaction of the Court concerned.

9. List for final hearing on 22.07.2025.

(Pankaj Purohit, J.) 03.06.2025 AK