Bharat And Another ........Appellants vs State Of Uttarakhand
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Uttarakhand High Court

Bharat And Another ........Appellants vs State Of Uttarakhand on 2 January, 2026

Author: Ravindra Maithani

Bench: Ravindra Maithani

 HIGH COURT OF UTTARAKHAND AT NAINITAL
                  IA No. 1 of 2025 (Bail Application)
                                  In
                   Criminal Appeal No. 763 of 2025

 Bharat and another                                          ........Appellants

                                   Versus

 State of Uttarakhand                                       ........Respondent

 Present:-
        Mr. Pankaj Miglani, Advocate for the appellants, through         video
        conferencing.
        Ms. Manisha Rana Singh, Deputy Advocate General for the State.



 Hon'ble Ravindra Maithani, J.

The challenge in this appeal is made to the judgment and

order dated 24.12.2025 recorded in Sessions Trial No. 144 of 2020,

State of Uttarakhand v. Bharat and another, by the court of third

Additional Sessions Judge, Haridwar. By it, the appellants have been

convicted under Sections 323 and 325 IPC and sentenced as under:-

(i) Under Section 323 IPC - rigorous

imprisonment for a period of three months

and a fine of Rs. 1,000/-. In default of

payment of fine, to undergo further

imprisonment for a period of one month.

(ii) Under Section 325 IPC - rigorous

imprisonment for a period of two years and a

fine of Rs. 20,000/-. In default of payment of

fine, to undergo further imprisonment for a

period of six months.

2. Heard.

3. Admit the appeal.

4. Call for the lower court record. Once the lower court

record is received, let the paper book be prepared and be provided to

the learned counsel for the parties, as per rules.

5. The appellants seek bail during pendency of the appeal.

6. Heard learned counsel for the parties on bail application

and perused the file.

7. It is argued that the appellants have been sentenced for

two years' imprisonment; they were on bail during trial; they are still

on interim bail; they have never misused the bail.

8. These facts are not disputed by the learned State

Counsel. She submits that the interim bail order is not on record,

though she admits that it is recorded in the bail application.

9. 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 appellants be enlarged on bail.

10. The bail application is allowed.

11. The execution of sentence appealed against is suspended

during the pendency of the appeal.

12. Let the appellants be released on bail, during the

pendency of the appeal, on their executing a personal bond and

furnishing two reliable sureties, each of the like amount, by each one

of them to the satisfaction of the court concerned.

13. List the criminal appeal for final hearing in due course.

(Ravindra Maithani, J) 02.01.2026 Avneet/