Qadeer vs State Of Uttarakhand
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Uttarakhand High Court

Qadeer vs State Of Uttarakhand on 26 March, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
           Bail Application No. 01 of 2024
                          In
           Criminal Appeal No.56 of 2024

Qadeer                                         ......Appellant

                           Versus


State of Uttarakhand                          ....Respondent


Present:
           Mr. T.A. Khan, Senior Advocate, assisted by Mr. Mohd.
           Shafy, Advocate for the appellant.
           Mr. Pramod Tiwari, Brief Holder for the State.


Hon'ble Ravindra Maithani, J.(Oral)

Instant appeal is preferred against the judgment

and order dated 24.01.2024, passed in Sessions Trial No.

143 of 2021, State Vs. Qadeer, by the court of 5th Additional

Sessions Judge, Haridwar, District Haridwar. By it, the

appellant has been convicted under 326AIPC and sentenced

to undergo rigorous imprisonment for a period of ten years

with a fine of Rs.50,000/-. In default of payment of fine, to

undergo imprisonment for a further period of one year. The

appellant seeks bail in this appeal.

2. According to the prosecution, the appellant

spilled some chemical substance on the face of the victim,

due to which, she sustained injuries.

3. Learned Senior Counsel appearing for the

appellant would submit that it is not a case of direct

evidence. Merely on some suspicion, the appellant has been

named. Nobody has seen the appellant committing the

offence. The applicant is not named in the FIR. It is also

submitted that the applicant was on bail during trial.

4. Learned State counsel would submit that it is not

a case of direct evidence. He would submit that the

appellant would harass the victim and an injury was also

detected on one of his fingers.

5. 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.

6. The bail application is allowed.

7. The sentence appealed against is suspended

during the pendency of the appeal.

8. 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.) 26.03.2025 Jitendra