Uttarakhand High Court
Ankit vs State Of Uttarakhand on 31 March, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No.01 of 2023 For Bail Application
In
Criminal Appeal No. 681 of 2023
Ankit ...... Appellant
Vs.
State of Uttarakhand ..... Respondent
Present:
Mr. Arvind Vashistha, Senior Advocate assisted by Mr. Rajveer Singh, Advocate
for the appellant.
Mr. B.N. Molakhi, 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 19/20.09.2023, passed in Sessions Trial No.260 of 2021, State Vs. Ankit and Another, by the court of FTSC/Additional Sessions Judge, Roorkee, District Haridwar. By it, the appellant has been convicted and sentenced under Sections 376D and 323 IPC.
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.01 of 2023.
7. Learned Senior Counsel appearing for the appellant submits that there is no evidence against the appellant; the victim is more than 30 years of age; she has not supported the prosecution case during trial; she has been declared hostile; merely because in a cell phone, recovered from the father of the appellant, some video footages have been received, in which co- 2 convict and the victim have been seen coming out of a sugarcane field, conviction has been recorded.
8. Learned State Counsel admits this fact, but according to him, the victim has supported the prosecution case in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973.
9. Having considered, 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.
10. The bail application is allowed.
11. The sentence appealed against is suspended during the pendency of the appeal.
12. 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.) 31.03.2026 Ravi Bisht