CRLA No. 357 of 2018
Hon’ble Narayan Singh Dhanik, J.
Mr. Atul Kumar Bansal, Advocate for the
Mr. Kuldeep Rawal, Brief Holder for the
State of Uttarakhand.
Heard learned counsel for the parties.
This is the second bail application (IA
6680/19) moved on behalf of the appellant/applicant.
The objection filed by the State to the second
bail application is taken on record.
The first bail application was rejected on
merits by this Court on 21.12.2018.
By the judgment and order dated 28.09.2018
passed by learned Special Sessions Judge, Udham
Singh Nagar (Rudrapur) in Session Trial
No.108/2012, the appellant/applicant has been
convicted for the offence under Section 377 I.P.C.
and sentenced to undergo ten years’ imprisonment
with fine of rupees ten thousand.
Considering the fact that the
appellant/applicant is languishing in jail ever-since
the date of his conviction i.e. 29.09.2018; that
except the present crime, he has got no previous
criminal history and also, considering the fact that
he was on bail during trial, I am of the view that the
appellant/applicant has been able to make out a case
for bail at this stage.
Accordingly, the present second bail
application is allowed. Let the appellant/applicant
Ashok Singh be released on bail, during pendency
of this appeal, on executing a personal bond and
furnishing two sureties, each of the like amount, to
the satisfaction of the Court concerned.
Bail application (CRMA 984/19) is disposed
(Narayan Singh Dhanik, J.)