CRLR/800/2025
2025 Latest Caselaw 5801 UK

Uttarakhand High Court

CRLR/800/2025 on 26 November, 2025

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                              CRLR No. 800 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Shariq Khurshid, learned counsel for the Revisionist.

2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand.

3. The present Criminal Revision has been preferred challenging the judgment and order dated 17.05.2023 passed by the learned Judicial Magistrate/Third Additional Civil Judge, Kashipur, District Udham Singh Nagar in Criminal Complaint Case No. 2796 of 2021, "Shahjad Hussain vs. Shamim Ahmad", under Section 138 of the Negotiable Instruments Act, 1881, Police Station Kashipur, District Udham Singh Nagar, read in conjunction with the judgment and order dated 08.09.2025 passed by the learned Second Additional Sessions Judge, Kashipur, District Udham Singh Nagar in Criminal Appeal No. 01 of 2024 (Computer Registration No. 15 of 2024), "Shamim Ahmad vs. State of Uttarakhand and Another".

4. Admit.

5. Heard on Bail Application (I.A. No. 1 of 2025).

6. Learned counsel for the Revisionist submits that the Revisionist has been in judicial custody since 15.11.2025. It is further submitted that the Revisionist was on bail during the trial as well as during the pendency of the appeal and that he never misused the liberty granted to him by the learned Trial Court or the learned Appellate Court.

7. Learned State Counsel, however, opposes the bail application.

8. This Court has considered the rival submissions advanced, the nature of the offence, and the overall facts and circumstances of the case. Having done so, this Court is of the considered opinion that the Revisionist deserves to be enlarged on bail during the pendency of the present Revision.

9. Accordingly, the Revisionist shall be released on bail, subject to his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the learned Trial Court, subject further to the condition that the Revisionist shall deposit 30% of the awarded amount before the Court concerned.

10. It is, however, clarified that the grant of bail shall not be treated as a ground for seeking adjournment or for delaying the disposal of the present Revision.

11. List this case on 11.02.2026 for further hearing.

(Ashish Naithani, J.) 26.11.2025 Shiksha