Unknown vs State Of Uttarakhand

Citation : 2026 Latest Caselaw 1560 UK
Judgement Date : 26 February, 2026

[Cites 3, Cited by 0]

Uttarakhand High Court

Unknown vs State Of Uttarakhand on 26 February, 2026

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                              CRLA No. 79 of 2026
                              With
                              Bail Application No. 01 of 2026
                              Deepak Kumar
                                                                   --Appellant
                                                     Versus
                              State of Uttarakhand
                                                                 --Respondent
                              Hon'ble Ashish Naithani, J.

Mr. Anil Anthwal, learned counsel for the Appellant.

2. Mr. Vikash Uniyal, learned Brief Holder for the State.

3. Heard learned counsel for the parties on the Bail Application (I.A. No. 01 of 2026).

4. The present Criminal Appeal has been filed against the judgment and order dated 30/31.01.2026, passed by the learned Special Judge (POCSO)/Additional District Judge, Dehradun in Special Sessions Trial No. 16 of 2023, "State vs. Deepak Kumar," whereby the learned Trial Court has convicted the Appellant under Section 354(4) of the IPC and Sections 9/10 of the POCSO Act and sentenced him to undergo five years' rigorous imprisonment along with a fine of Rs. 5,000/- under Section 10 of the POCSO Act. In default of payment of fine, the Appellant shall further undergo one month's additional simple imprisonment.

5. Learned Legal Aid Counsel submits that the Appellant remained on bail during the course of trial and never misused the liberty so granted. It is further submitted that there is no cogent evidence on record to connect the Appellant with the alleged offence and that there is neither direct nor indirect evidence against him.

6. Learned State Counsel has opposed the bail application.

7. After hearing learned counsel for the parties and upon consideration of the facts and circumstances of the case, this Court is of the opinion that, at this stage, sufficient grounds exist for granting bail to the Appellant during the pendency of the appeal.

8. The Bail Application is allowed. Accordingly, the Appellant - Deepak Kumar - shall be released on bail during the pendency of the present criminal appeal, upon his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the learned Trial Court concerned.

9. It is clarified that the grant of bail shall not be treated as a ground for seeking unnecessary adjournments or for delaying the disposal of the present criminal appeal.

10. List this case on 15.05.2026.

11. Registry is directed to prepare the paper book and supply the same to the learned counsel for the parties, as per Rules.

(Ashish Naithani, J.) 26.02.2026 Shiksha