Uttarakhand High Court
Rakesh Mehar @ Mehra vs State Of Uttarakhand on 18 February, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application (IA No.1 of 2024)
In
Criminal Appeal No.593 of 2024
Rakesh Mehar @ Mehra ........Appellant
Versus
State of Uttarakhand ........Respondent
Present:-
Mr. Vikas Anand with Ms. Sangeeta Adhikari Patni, Advocates
for the appellant.
Mr. J. S. Virk, learned Deputy A.G. for the State.
Coram:Hon'ble Ravindra Maithani, J.
Hon'ble Siddhartha Sah, J.
Hon'ble Ravindra Maithani, J. (Oral) Instant appeal is preferred against the judgment and order dated 01.08.2024, passed in Special Session Trial No.15 of 2019, State of Uttarakhand vs. Rakesh Mehar @ Mehra, by the court of learned Special Session Judge (POCSO)/Session Judge, Champawat. By it, the appellant has been convicted under Sections 363 of IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 r/w Sections 376 of IPC and sentenced accordingly. The appellant seeks bail in this appeal.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, in the night at about 10:00 pm on 11.04.2019, the appellant enticed the victim a young girl, took her along with him, established physical relationship and the appellant dropped the victim in her home next morning. The FIR is that under the pretext of marriage, the appellant has done it. 2
4. Learned counsel for the appellant submits that it is not a case of forceful rape, in fact, the appellant and the victim both were in relationship. The appellant is also a young boy. The victim has so admitted in her statement recorded under Section 164 of Cr.P.C. During the court also, the victim admits that she was talking to the appellant.
5. Learned State counsel admits these facts.
6. It is admitted that the victim and the appellant both were in a relationship and the victim accompanied the appellant on her own.
7. Having considered these and other attending factors, this Court is of the view that it is a case in which the execution of sentence should be suspended and the appellant be enlarged on bail.
8. The bail application is allowed.
9. The execution of sentence appealed against is suspended during the pendency of the appeal.
10. The appellant - Rakesh Mehar @ Mehra be released on bail, during the pendency of the appeal, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
11. List in due course.
1 (Siddhartha Sah, J.) (Ravindra Maithani, J.) 18.02.2026 18.02.2026 Akash