CRLA/42/2025 on 22 January, 2025

Uttarakhand High Court

CRLA/42/2025 on 22 January, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date      or    directions  and                     COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order with
                   Signatures

      22.01.2025                            CRLA No.42 of 2025
                                            Hon'ble Vivek Bharti Sharma, J.

Present Mrs. Sheetal Selwal, learned counsel
for the appellant.

2. Mr. B.C. Joshi, learned Assistant Government
Advocate for the State.

3. Present criminal appeal has been preferred
against the judgment and order dated 30.11.2024
passed by learned Special Judge(Gangster Act)/
Sessions Judge, Nainital in Special Sessions Trial
No.11 of 2018 (Case Crime No.58 of 2018) for the
offences punishable under Section 2/3 of U.P.
Gangsters and Anti-Social Activities (Prevention)
Act, 1986, Police Station Vanbhoolpura, District
Nainital, whereby the learned Special Judge
(Gangster Act)/Sessions Judge, Nianital has
convicted and sentenced the appellant under Section
3 of U.P. Gangster and Anti-Social Activities
(Prevention) Act, 1986 to undergo two years rigorous
imprisonment along with fine of ₹5,000/- and in
default of payment of fine to undergo one month
additional imprisonment and the period of detention
had already been served in jail shall be adjusted
towards conviction.

4. Admit.

5. Summon the LCR.

6. After receiving the LCR, the Registry is
directed to prepare the paper book and supply the
same to the learned counsel for the parties, as per
Rules.

7. Heard on bail application (IA 2 of 2025).

8. Counsel for the appellant/applicant would
submit that the appellant/applicant has been wrongly
convicted in the instant case by the Trial Court; that,
the prosecution has produced as many as seven
witnesses who are admittedly police personnel and
apart from the aforesaid witnesses there is no other
independent witness; that, that neither the applicant
has formulated any gang nor have members of any
gang and only on the basis of false cases registered
against the present appellant/applicant in
Uttarakhand, the appellant/applicant has been falsely
implicated by the Police with ulterior motive; that,
the appellant/applicant was on bail during the trial
but he never misused his bail.

9. State counsel strongly opposed the bail
application on the ground that serious allegations
have been proved against the appellant/applicant,
however, he admitted that the alleged the
appellant/applicant was on bail during the trial and he
never misused his bail.

10. Having considered the entirety of the facts and
without expressing any opinion on the final merits of
the case, the appellant/applicant is admitted to bail.
Let the appellant/applicant be released on bail, during
the pendency of present criminal appeal, on
furnishing bail bond with two sureties in the amount
of ₹30,000/- and personal bond of the like amount to
the satisfaction of the learned Trial Court.

11. Bail application stands disposed of
accordingly.

12. List this case on 24.04.2025 for final hearing.

(Vivek Bharti Sharma, J.)
Vacation Judge
22.01.2025
SS