Appellants vs State Of Uttarakhand
2026 Latest Caselaw 1561 UK

Uttarakhand High Court

Appellants vs State Of Uttarakhand on 26 February, 2026

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                              CRLA No. 77 of 2026
                              With
                              Bail Application No. 01 of 2026

                              Poonam and another
                                                                   --Appellants
                                                     Versus
                              State of Uttarakhand
                                                                 --Respondent
                              Hon'ble Ashish Naithani, J.

Mr. Bharat Singh and Ms. Pooja Rana, learned counsels for the Appellants.

2. Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand.

3. Heard learned counsel for the parties on the Bail Application (I.A. No. 01 of 2026).

4. The present Criminal Appeal has been filed against the judgment and order dated 13.02.2026, passed by the learned IV Additional Sessions Judge, Haridwar in Sessions Trial No. 155 of 2023, "State vs. Atar Singh and Others," whereby the learned Trial Court has convicted and sentenced the Appellants to undergo six months' rigorous imprisonment along with a fine of Rs. 10,000/- each, and in default of payment of fine, to further undergo one month's simple imprisonment under Section 147 IPC; three months' rigorous imprisonment along with a fine of Rs. 500/- each, and in default of payment of fine, to further undergo 15 days' simple imprisonment under Section 323/149 IPC; and five years' rigorous imprisonment along with a fine of Rs. 5,000/- each, and in default of payment of fine, to further undergo six months' simple imprisonment under Section 325/149 IPC.

5. Learned counsel for the Appellants, at the outset, submits that the Appellants have been falsely implicated and wrongly convicted under Sections 147, 323/149 and 325/149 IPC in Sessions Trial No. 155 of 2023. The primary ground urged for grant of bail is that Appellant No. 1- Poonam, W/o Sri Bittu, aged about 29 years, has a minor child aged about three years, who is stated to be lodged in jail along with her.

6. Learned State Counsel, however, opposes the bail application and submits that the findings recorded in the impugned judgment of conviction are detailed, reasoned and based upon proper appreciation of evidence by the learned Trial Court.

7. After hearing learned counsel for the parties and considering the fact that the minor child, aged about three years, is stated to be lodged in jail along with Appellant No. 1/convict, and that the child is not at fault, it is directed that a report be called for from the concerned Jail Superintendent regarding the status of the child.

8. List this case on 27.02.2026 as a fresh.

(Ashish Naithani, J.) 26.02.2026 Shiksha