CRLR/717/2025
2025 Latest Caselaw 5429 UK

Uttarakhand High Court

CRLR/717/2025 on 11 November, 2025

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                                        IA No.02 of 2025 (Bail Application)
                                        In
                                        CRLR No. 717 of 2025
                                        Hon'ble Ashish Naithani, J.

Mr. Devesh Upreti, learned counsel for the Revisionist.

2. Mr. Bhaskar Ch. Joshi, learned A.G.A. for the State.

3. This criminal revision under Section 438/442 of BNSS, 2023 is filed by the Revisionist to set-aside the impugned judgment and order dated 16.10.2025 passed by learned Sessions Judge, Champawat, and the conviction/sentence dated 31.10.2023 passed by the learned Chief Judicial Magistrate, Champawat and also to acquit the Revisionist/applicant of all charges under Section 51 of the Wildlife (Protection) Act, 1972. In the alternative, grant the benefit of probation or reduce the sentence to the period already undergone.

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

4. Counsel for the Revisionist/applicant submits that the impugned judgments are perverse, based on surmise and ignore defense evidence; the courts below unilaterally supported prosecution, ignoring cross-examination favouring the Revisionist, which violates Article 21 of the Constitution and principles of fair trial.

5. Counsel for the Revisionist/applicant further submits that during trial as well as appeal, the present Revisionist/applicant was on bail and he never misused the same.

6. Learned State counsel vehemently opposed the bail application, however, admitted that the Revisionist/applicant was on bail during trial and never misused the liberty granted to him.

7. 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 furnishing a personal bond and two reliable sureties, each of the like amount to the satisfaction of the court concerned.

8. Bail Application stands allowed.

9. List this matter on 05.01.2026.

(Ashish Naithani, J.) 11.11.2025 Akash