Rahul And Two Others vs State Of Uttarakhand

Alok Kumar Verma, J

The appellants namely, Rahul, Rajendra and Vishal have been convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.1,000/- each for the offence punishable under Section 323 read with 34 IPC, and, they have been further convicted and sentenced to undergo rigorous imprisonment for a period of three years along with a fine of Rs.10,000/- each for the offence punishable under Section 324 read with Section 34 IPC. Both the sentences have been directed to run concurrently.

Heard Mr. Shashi Kant Shandilya, learned counsel for the appellants and Mr. Lalit Miglani, learned A.G.A for the State.

Appeal is admitted.

List this case on 26.05.2023.

Summon the Lower Court Record.

Heard learned counsel for the parties on the Bail Application (I.A. No.2 of 2023).

Mr. S.K. Shandilya, Advocate submitted that there are material contradictions in the statements of the prosecution’s witnesses. The appellants were on bail during the trial and the conditions of the bail were neither misused nor violated by them, and, the appellants are on interim bail.

Considering the facts and circumstances of the case, this Court is inclined to grant bail to the appellants, namely, Rahul, Rajendra and Vishal, provided they submit their personal bond and two reliable sureties, each in the like amount to the satisfaction of the court concerned.