Uttarakhand High Court
CRLA/310/2022 on 18 August, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
18TH AUGUST, 2022
CRIMINAL APPEAL NO.310 of 2022
Between:
Ankit ...Appellant
and
State of Uttarakhand. ...Respondent
Counsel for the Appellant : Mr. Mohd. Umar.
Counsel for the State : Mr. T.C. Agarwal,
learned Deputy Advocate
General for the State.
Hon'ble Alok Kumar Verma,J.
This Criminal Appeal has been filed against the
judgment dated 22.06.2022, passed by the Additional District
and Sessions Judge/Special Judge (POCSO), Haridwar in
Special Sessions Trial No.40 of 2017, "State vs. Ankit", child in
conflict with law, whereby the appellant has been convicted
and sentenced to undergo imprisonment for a period of one
year along with a fine of Rs.1,000/- for the offence under
Section 147 of IPC; he has been convicted and sentenced to
undergo imprisonment for a period of one year along with a
fine of Rs.1,000/- for the offence under Section 148 of IPC; he
has been convicted and sentenced to undergo imprisonment
for a period of one year along with a fine of Rs.1,000/- for the
offence under Section 452 of IPC; he has been convicted and
sentenced to undergo imprisonment for a period of two years
along with a fine of Rs.1,000/- for the offence under Section
324 read with Section 149 of IPC; he has been convicted and
sentenced to undergo imprisonment for a period of three years
along with a fine of Rs.1,000/- for the offence under Section
307 read with Section 149 of IPC; he has been convicted and
sentenced to undergo imprisonment for a period of one year
along with a fine of Rs.1,000/- for the offence punishable
under Section 354 of IPC; he has been convicted and
sentenced to undergo imprisonment for a period of one year
along with a fine of Rs.1,000/- for the offence punishable
under Section 504, and, he has been convicted and sentenced
to undergo imprisonment for a period of one year along with a
fine of Rs.1,000/- for the offence under Section 506 of IPC.
2. Heard Mr. Mohd. Umar, learned counsel for the
appellant and Mr. T.C. Agarwal, learned Deputy Advocate
General for the State.
3. This Criminal Appeal is admitted.
4. Summon the Lower Court Record.
5. Heard on Bail Application (IA No.01 of 2022).
6. The learned counsel for the appellant submitted that
the appellant has been implicated in this matter; there are
material contradictions in the statements of the prosecution's
witnesses; at the time of the alleged incident, the age of the
appellant was 15-16 years and now he is the age of 22 years;
he has no criminal history; he was on bail during the trial and
the conditions of bail were neither misused nor violated by
him; and, he is on interim bail.
7. The learned counsel for the State opposed the bail
application orally. However, he fairly conceded that the
appellant has no criminal history and the appellant was on bail
during the trial and the conditions of bail were neither misused
nor violated by him.
8. Considering the facts and circumstances of the case,
this Court is inclined to grant bail to the appellant, namely,
Ankit, provided he submits his personal bond and two reliable
sureties of the same amount, to the satisfaction of the court
concerned.
9. List this case on 20.10.2022 for final hearing.
___________________
ALOK KUMAR VERMA, J.
Dt: 18.08.2022
Pant/
