Upendra And Others vs State Of Uttarakhand

Alok Kumar Verma, J

The appellants, namely, Upendra, Sandeep Sharma, Rajat Sharma and Shubham Sharma have been convicted and sentenced to undergo rigorous imprisonment for a period of four years along with a fine of Rs.5,000/- each.

Heard Mr. S.R.S. Gill, the learned counsel for the appellants and Mr. T.C. Agarwal, learned Deputy Advocate General for the State, on the bail application.

The learned counsel for the appellants submitted that there are substantial doubts about the conviction; the appellants have no criminal history; they were on bail during the trial and the conditions of the bail were neither misused nor violated by the appellants and the appellants are in custody since 17.12.2021.

The learned counsel for the State opposed the bail application. However, he fairly conceded that the appellants were on bail during the trial and the conditions of the bail were not misused and the appellants have no criminal history.

Considering the facts and circumstances of the case, this Court is inclined to grant bail to the appellants Upendra, Sandeep Sharma, Rajat Sharma and Shubham Sharma, provided they submit personal bonds and two reliable sureties of the same amount to the satisfaction of the court concerned.