IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No.713 of 2023 With IA No.1 of 2023 for Bail Application Prakash Chandra Tiwari ......Revisionist Vs. State of Uttarakhand ....Respondent Present: Mr. Prabhakar Joshi, Advocate for the revisionist. Mr. Pramod Tiwari, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) The challenge in this revision is made to the following:- (i) Judgment and order dated 04.08.2023, passed in Criminal Case No.1267 of 2019 (FIR No.47 of 2019), State vs. Prakash Chandra Tiwari, under Section 409 IPC, by the court of Judicial Magistrate/Civil Judge, Bageshwar (“the case”). By it, the revisionist has been convicted under Section 409 IPC and sentenced to undergo rigorous imprisonment for a period of three years with a fine of Rs. 8,000/-. In default of payment of fine, to undergo imprisonment for a further period of six months; And (ii) Judgment and order dated 26.09.2023, passed in Criminal Appeal No.40 of 2023, Prakash Chandra Tiwari vs. State, by the 2 court of Sessions Judge, Bageshwar, District Bageshwar (“the appeal”). By it, the order passed in the case was affirmed. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the revisionist would submit that it is a false case. The revisionist was merely a worker at the centre in Kapkot, District Almora. The entrustment of the articles has not been proved. Merely, based on an inquiry report of the year 2012 to 2017, which was never put to him, he has been convicted. He would refer to the statement of the witnesses. 4. Having heard, this Court is of the view that this matter requires deliberation. 5. Admit. 6. The LCR is before the Court. 7. List this matter for final hearing on 07.04.2025. Heard on Bail Application No. 1 of 2023 8. Learned counsel for the revisionist would submit that the revisionist has been on bail throughout during trial or in appeal. 3 9. Having considered, this Court is of the view that the revisionist is entitled to bail. Accordingly, the bail application deserves to be allowed. 10. The bail application is allowed. 11. The execution of sentence challenged against shall remain suspended during and until the conclusion of the revision. 12. Let the revisionist-Prakash Chandra Tiwari be released on bail, during the pendency of this revision, on her executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned and also subject to the deposition of fine. (Ravindra Maithani,J.) 10.01.2025 Ravi