Vinod Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

Proposed Revisionist was convicted and sentenced to undergo rigorous imprisonment for a period of six months along with a fine of Rs.500/- under Section 279 of the Indian Penal Code, 1860 (in short, “IPC”), and, he was further convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.1,000/- under Section 304A IPC vide judgment dated 17.02.2023, passed by learned Ist Judicial Magistrate, Udham Singh Nagar. Against the said judgment, a Criminal Appeal (Criminal Appeal No.42 of 2023) was filed. The said Appeal has been dismissed vide judgment dated 06.10.2023, passed by learned IIIrd Additional District and Sessions Judge, Udham Singh Nagar.

Heard Mr. Vikas Anand, learned counsel for the revisionist and Mr. Akshay Latwal, learned Brief Holder for the State.

Mr. Vikas Anand, Advocate, contended that the case of the revisionist – accused is that he was not driving the offending vehicle at the time of the incident and no cogent and reliable evidence is available on record to prove that the offending vehicle was driving by the revisionist – accused in a rash or negligent manner.

Admit.

Learned counsel for the State has sought three weeks’ time for arguments.

Heard on the Bail Application (IA No.01 of 2023).

Mr. Vikas Anand, Advocate, has submitted that the revisionist was on bail during the trial and appeal, and, the conditions of bail were neither violated nor misused by him.

Having considered the submissions of learned counsel for the revisionist and in the facts and circumstances of the case, this Court is of the view that the revisionist deserves bail at this stage.

The Bail Application (IA No.01 of 2023) is allowed.

Let the revisionist – Vinod Kumar be released on bail on his executing a personal bond and furnishing two reliable sureties, in the like amount, to the satisfaction of the Court concerned.

List on 08.01.2024.