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Vikas Kumar vs The State Of Uttarakhand on 3 February, 2022

Bench: Chief Justice, A.S. Bopanna, Hima Kohli

                                                       1

     ITEM NO.44                    Court 1 (Video Conferencing)                SECTION II­B

                                   S U P R E M E C O U R T O F        I N D I A
                                           RECORD OF PROCEEDINGS

                         Petition for Special Leave to Appeal (Crl.)      No.6298/2021

     (Arising out of impugned final judgment and order dated 24­06­2021
     in TBA No. 19/2020 passed by the High Court of Uttarakhand at
     Nainital)

     VIKAS KUMAR                                                           Petitioner(s)

                                                      VERSUS

     THE STATE OF UTTARAKHAND                                              Respondent(s)

     (IA No. 104127/2021 ­ EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT & IA No. 104128/2021 ­ EXEMPTION FROM FILING O.T.)

     Date : 03­02­2022 This matter was called on for hearing today.

     CORAM :
                             HON'BLE THE CHIEF JUSTICE
                             HON'BLE MR. JUSTICE A.S. BOPANNA
                             HON'BLE MS. JUSTICE HIMA KOHLI

     For Petitioner(s)
                                        Mr. Ajit Sharma, AOR
     For Respondent(s)
                                        Ms. Namita Choudhary, AOR
                                        Mr. Vikas Negi, Adv.

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

The Court is convened through Video Conferencing.

This Court issued notice on 1­9­2021.

Applications seeking exemption from filing certified copy of the impugned Order as also seeking exemption from filing official translation of Annexures are allowed.

Heard learned counsel appearing for the petitioner, learned Reason: counsel appearing for the State of Uttarakhand and carefully perused the material available on record, including the counter affidavit filed by the State.

Taking into consideration the fact that the petitioner is reported to be in custody since 16­7­2018 and there being no likelihood of completion of trial in the near future, which fact cannot be controverted by the learned counsel appearing for the State, we are inclined to grant bail to the petitioner. The petitioner is, therefore, directed to be released on bail, subject to such terms and conditions which the concerned Trial Court shall deem fit and find appropriate to impose upon him. With the above observation, the Special Leave Petition stands disposed of.

  (VISHAL ANAND)                                               (R.S. NARAYANAN)
ASTT. REGISTRAR­cum­PS                                        COURT MASTER (NSH)