Akram vs @Hash State Of Uttarakhand

Alok Kumar Verma, J

The present Appeal has been filed against the judgment dated 09.12.2022, passed by the learned IInd Additional Sessions Judge/ Special Judge (Gangster Act), Udham Singh Nagar in Special Sessions Trial No.50 of 2017, “State vs. Faizan Ansari and Akram”, by which, the appellant – Akram has been convicted and sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs.5,000/- for the offence punishable under Section 3(1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 (as applicable in the State of Uttarakhand).

Heard Mr. Mani Kumar, learned counsel for the appellant and Mr. T.C. Agarwal, learned Deputy Advocate General for the State.

This Criminal Appeal is admitted.

Heard on Bail Application.

Learned counsel for the appellant submitted that the appellant had been convicted in a criminal case, against which an appeal is pending. In the said appeal, the appellant has been granted bail. He further submitted that the appellant is a permanent resident of District Udham Singh Nagar. He was on bail during the trial and the conditions of the bail were neither misused nor violated by him, and, after conviction, he is on interim bail.

Learned counsel for the State opposed the bail application. However, he fairly conceded that the appellant was on bail during the trial and the conditions of the bail were neither misused nor violated by him.

Considering the facts and circumstances of the case, this Court is inclined to grant bail to the appellant-Akram provided he submits a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.

Bail Application (IA No.1 of 2023) stands disposed of accordingly.

List this case on 12.05.2023.