Appellants vs State Of Uttarakhand
2026 Latest Caselaw 1244 UK

Uttarakhand High Court

Appellants vs State Of Uttarakhand on 19 February, 2026

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                              Bail Application (IA No. 02 of 2025)
                              In
                              CRLA No. 39 of 2025
                              Brijesh Singh Yadav and Another
                                                                --Appellants
                                                    Versus
                              State of Uttarakhand
                                                              --Respondent

Hon'ble Ashish Naithani, J., Mr. Vikas Anand and Ms. Gyan Mati Kushwaha, learned counsels for the Appellants.

2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand.

3. The matter is taken up for hearing on the Bail Application filed by the Appellant.

4. Heard learned counsel for the parties on the Bail Application (I.A. No. 02 of 2025).

5. The present Criminal Appeal has been preferred against the judgment and order dated 07.01.2025 passed by the learned IIIrd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar in Sessions Trial No. 223 of 2017, "State vs. Brijesh Singh Yadav and Others", arising out of Police Station Rudrapur, District Udham Singh Nagar, whereby the Appellants were convicted under Section 307 read with Section 34 of the Indian Penal Code and sentenced to undergo ten years' rigorous imprisonment along with a fine of Rs. 20,000/- each. In default of payment of fine, they were directed to undergo six months' additional imprisonment. The period already undergone in detention has been directed to be set off against the sentence awarded.

6. Learned counsel for the Appellants submits that during the trial, the Appellants were on bail. It is further submitted that the Appellant No. 1-Brijesh Singh Yadav has been detected HIV positive (AIDS) and was undergoing medical treatment. However, after his conviction and incarceration, his medical condition has deteriorated. It is contended that adequate and timely medical treatment, including administration of requisite drugs and continuous supervision, is not being properly provided in jail. It is further urged that such a patient requires specialized care and uninterrupted medical management, which may not be sufficiently available in the prison set-up, and any lapse may adversely affect his health.

7. Pursuant to the direction issued by the Coordinate Bench on 03.01.2026, a medical report has been furnished by the State.

8. Learned State Counsel, referring to the said report, submits that the Appellant No. 1/Convict - Brijesh Singh Yadav is being provided proper and adequate medical treatment and that his medical requirements are being duly attended to. It is further submitted that he has also been referred to a higher medical centre, wherever required.

9. Having considered the submissions advanced by learned counsel for the parties and taking into account the specific medical condition of the Appellant No. 1-Brijesh, namely being HIV positive (AIDS), which requires sustained, specialized and uninterrupted treatment, this Court is of the opinion that, at this stage, sufficient grounds exist for granting bail on medical grounds.

10. Accordingly, the Bail Application is allowed in respect of Appellant No. 1 - Brijesh Singh Yadav.

11. Let the Appellant No. 1-Brijesh Singh Yadav be released on bail upon his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the learned Trial Court concerned. The release of the Appellant on bail shall be subject to his filing an affidavit before the learned Trial Court undertaking that he shall act responsibly as a law- abiding citizen, strictly adhere to the prescribed medical treatment and precautions required in view of his medical condition, and ensure that no act on his part causes risk or prejudice to any other person.

12. It is clarified that grant of bail shall not be treated as a ground for seeking unnecessary adjournments or in any manner delaying the disposal of the present Criminal Appeal.

13. The Registry is directed to prepare the paper book and supply the same to the concerned parties, strictly in accordance with the Rules.

14. List this case on 11.05.2026.

(Ashish Naithani, J.) 19-02-2026

Shiksha