Uttarakhand High Court
Gurpreet vs State Of Uttarakhand on 24 February, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No.1 of 2025 For Bail Application
In
Criminal Appeal No. 98 of 2025
Gurpreet ...... Appellant
Vs.
State of Uttarakhand ..... Respondent
Present:
Mr. Vikas Kumar Guglani, Advocate for the appellant.
Ms. Manisha Rana Singh, D.A.G. for the State of Uttarakhand.
Coram: Hon'ble Ravindra Maithani, J.
Hon'ble Siddhartha Sah, J.
Hon'ble Ravindra Maithani, J. (Oral) The instant appeal has been preferred against judgment and order dated 11.02.2025, passed in Special Sessions Trial No.127 of 2022, State Vs. Gurpreet, by the court of FTC/Additional Sessions Judge/Special Judge (POCSO), Rudrapur, District Udham Singh Nagar. By it, the appellant has been convicted under Sections 363, 366, 376(3) IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, and sentenced accordingly.
2. Heard.
3. This appeal has already been admitted.
4. The LCR has already been received.
5. List in due course for final hearing.
6. Heard on Bail Application (IA) No.1 of 2025.
7. According to the FIR, on 26.12.2021, the appellant enticed the victim, a young girl, and took her along with him.
8. Learned counsel for the appellant submits that the entire prosecution case is false; the victim and the appellant both were in romantic relationship; they were engaged also, but, 2 subsequently, the family members of the victim were not agreeable to the marriage. Therefore, the FIR was lodged. It is argued that this is what the victim has stated during trial also.
9. Learned State Counsel does not dispute this facts, but she submits that during trial, the victim has stated that the appellant enticed her and took her along with him, but she admits that the victim has stated that she established physical relationship on her own.
10. Having considered this 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.
11. The bail application is allowed.
12. The sentence appealed against is suspended during the pendency of the appeal.
13. Let the appellant 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.
(Siddhartha Sah, J.) (Ravindra Maithani, J.) 24.02.2026 Ravi Bisht