Citation : 2025 Latest Caselaw 5852 UK
Judgement Date : 28 November, 2025
HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No. 1 of 2025 (Bail Application)
In
Criminal Appeal No. 100 of 2025
Akhilesh Kumar Gupta alias Pappu ........Appellant
Versus
State of Uttarakhand ........Respondent
Present:-
Mr. Harshpal Sekhon, Advocate for the appellant.
Mr. V.S. Rawat, AGA for the State.
Hon'ble Ravindra Maithani, J.
The challenge in this appeal is made to the judgment and
order dated 15.02.2025 passed in Sessions Trial No. 133 of 2019,
State of Uttarakhand v. Akhilesh Kumar Gupta alias Pappu, by the
court of 2nd Additional Sessions Judge, Udham Singh Nagar. By it, the
appellant has been convicted under Section 307 read with Section 34
IPC and sentenced to rigorous imprisonment for a period of five years
and a fine of Rs. 20,000/-, and in default of payment of fine, to
undergo further imprisonment for a period of one month.
2. The appellant seeks bail during pendency of the appeal.
3. This is an admitted appeal.
4. Heard learned counsel for the parties on bail application
and perused the record.
5. According to the prosecution case, on 03.04.2019 at
about 07:00 in the evening, the son of the appellant attacked the
injured Rajkumar with a knife. At that time, the appellant had caught
hold of Rajkumar.
6. Learned counsel for the appellant submits that the son of
the appellant was a child in conflict with law; his role was inquired by
the Juvenile Justice Board, Rudrapur and he has been acquitted on
28.02.2000. Learned counsel submits that the role of the appellant
was catching hold of the injured and since the main alleged assaulter
has already been acquitted, at this stage, it is a case fit for bail.
7. The factual narrations as given by the learned counsel for
the appellant have not been disputed by the learned State Counsel.
8. Having considered, this Court is of the view that it is a
case in which the execution of the sentence should be suspended and
the appellant be enlarged on bail.
9. The bail application is allowed.
10. The execution of sentence appealed against is suspended
during the pendency of the appeal.
11. Let the appellant Akhilesh Kumar Gupta alias Pappu 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.
12. List the criminal appeal for final hearing in due course.
(Ravindra Maithani, J) 28.11.2025 Avneet/
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