Uttarakhand High Court
Sunny Alias Sonu vs State Of Uttarakhand on 18 March, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No.2 of 2026 For Bail Application
In
Criminal Appeal No. 42 of 2026
Sunny alias Sonu ...... Appellant
Vs.
State of Uttarakhand ..... Respondent
Present:
Mr. Saurabh Kumar Pandey, Advocate for the appellant.
Mr. Rakesh Negi, Brief Holder 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 03/05.01.2026, passed in Special Sessions Trial No.146 of 2019, State Vs. Sunny @ Sonu, by the court of Special Judge (POCSO)/Additional District Judge, Dehradun. By it, the appellant has been convicted under Sections 363, 376 IPC and Section 5/6 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.2 of 2026.
7. According to the FIR, on 17.04.2019, at 5:00 p.m., the victim left her house for market, but did not return. It is the case of the prosecution that the appellant took her.
8. Learned counsel for the appellant submits that the statement of the victim is not reliable; she has not supported the prosecution case in her cross examination; she has not been 2 declared hostile; the prosecution has not cross examined her; there is no forensic as well as electronic evidence against the appellant.
9. These facts are not disputed by learned State Counsel.
10. Having considered this and other attending factors, 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.
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.) 18.03.2026 Ravi Bisht