CRLA/738/2024
2026 Latest Caselaw 942 UK

Uttarakhand High Court

CRLA/738/2024 on 12 February, 2026

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                              Bail Application (IA No. 02 of 2024)
                              In
                              CRLA No. 738 of 2024

                              Hon'ble Ashish Naithani, J.

Mr. Narendra Bali, learned counsel for the Appellant.

2. Mr. G.C. Joshi, learned A.G.A. along with Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand.

3. Heard learned counsel for the parties on the Bail Application (I.A. No. 02 of 2024).

4. The present Criminal Appeal has been filed against the judgment and order dated 21.09.2024, passed by the learned Additional Sessions Judge, Kotdwar, District Pauri Garhwal in Sessions Trial No. 14 of 2023 (Case Crime No. 94 of 2023), for the offences punishable under Sections 328/34 and 394/34 IPC, registered at Police Station Kotdwar, District Pauri Garhwal, whereby the Appellant has been convicted and sentenced under Section 328/34 IPC to undergo five years' rigorous imprisonment along with a fine of Rs. 2,000/-. In default of payment of fine, the Appellant has further been directed to undergo twenty days' additional imprisonment. The Appellant has also been convicted and sentenced under Section 394/34 IPC to undergo eight years' rigorous imprisonment along with a fine of Rs. 5,000/-. In default of payment of fine, the Appellant has further been directed to undergo one month's additional imprisonment.

5. Learned counsel for the Appellant submits that the Appellant has been in jail since 12.09.2023 and that there are material contradictions in the testimonies of the prosecution witnesses; hence, the benefit of doubt ought to have been extended to the Appellant. It is further submitted that no Test Identification Parade (TIP) was conducted by the Police.

6. Learned State Counsel opposed the bail application.

7. Learned counsel appointed as Legal Aid Counsel, Mr. Shariq Khurshid, is also present.

8. After hearing learned counsel for the parties and upon consideration of the facts and circumstances of the case, this Court is of the opinion that, at this stage, sufficient grounds exist for granting bail, without entering into the merits of the case.

9. Accordingly, the Appellant-Umar shall be released on bail upon executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the learned Trial Court.

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

11. List this case on 27.03.2026 for final hearing.

(Ashish Naithani, J.) 12.02.2026 Shiksha