Uttarakhand High Court
Mukesh vs State Of Uttarakhand on 10 March, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No.1 of 2023 For Bail Application
In
Criminal Jail Appeal No. 125 of 2023
Mukesh ...... Appellant
Vs.
State of Uttarakhand ..... Respondent
Present:
Mr. Abhishek Verma, Advocate for the appellant, through video conferencing.
Mr. V.S. Rawat, A.G.A. for the State.
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 31.07.2023 and 01.08.2023, passed in Special Sessions Trial No.30 of 2022, State Vs. Mukesh, by the court of Special Sessions Judge (POCSO Act)/District and Sessions Judge, Tehri Garhwal, District Chamoli. By it, the appellant has been convicted and sentenced under Section 376(2)(n) IPC and Section 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012.
2. Heard.
3. Admit.
4. Let call for the LCR.
5. Once LCR is received, paper books be prepared and provided to learned counsel for the parties, as per rules.
6. List in due course for final hearing.
7. Heard on First Bail Application (IA) No.1 of 2023 2
8. According to the FIR, the appellant enticed the victim, a young girl, on 23.03.2022, in the midnight. A search was made, but she could not be traced. Thereafter, the FIR was lodged.
9. Learned counsel for the appellant submits that the appellant and the victim both were in romantic relationship; this is what the victim has stated in her statement given in the police station and during trial; the appellant was also a young boy of 21 years at the time of incident; they both solemnized marriage also.
10. This fact is not disputed by learned State Counsel.
11. Having considered the facts and circumstances of the case, we are of the view that it is a case in which the execution of sentence should be suspended and the appellant be enlarged on bail.
12. The bail application is allowed.
13. The sentence appealed against is suspended during the pendency of the appeal.
14. 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.) 10.03.2026 Ravi Bisht