CRLA/329/2022
2022 Latest Caselaw 2704 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                    27TH AUGUST, 2022

              CRIMINAL APPEAL NO.329 of 2022


Between:

Bablu Ahmad.                                      .....Appellant

and

State of Uttarakhand.                             ...Respondent


Counsel for the Appellant :      Mr. Parikshit Saini,
                                 learned counsel.
Counsel for the State         : Mr. Siddhartha Bisht,
                                learned A.G.A.


Hon'ble Alok Kumar Verma,J.

The present Criminal Appeal has been filed by

the appellant, namely, Bablu Ahmad, against the

judgment dated 17.08.2022, passed by the F.T.S.C./

Additional Sessions Judge, Roorkee, District Haridwar in

Sessions Trial No.35 of 2018, "State vs. Bablu Ahmad",

whereby, the appellant-Bablu Ahmad has been convicted

and sentenced to undergo rigorous imprisonment for a

period of three years along with a fine of Rs.30,000/- for

the offence under Section 7/8 of the Protection of Children

from Sexual Offences Act, 2012, and, he has been further

convicted and sentenced to undergo rigorous

imprisonment for a period of three years along with a fine

of Rs.10,000/- for the offence punishable under Section

452 of IPC.

2. Heard Mr. Parikshit Saini, the learned counsel

for the appellant and Mr. Siddhartha Bisht, the learned

Brief Holder for the State.

3. The Appeal is admitted.

4. Summon the LCR.

5. Heard the learned counsel for the parties on the

Bail Application (IA No.1 of 2022).

6. The learned counsel appearing for the appellant

submitted that the appellant has been falsely implicated in

this matter; there are material contradictions in the

statements of the prosecution's witnesses; the appellant

was on bail during the trial and the conditions of the bail

were neither misused nor violated by him; the appellant

has no criminal history, and, he is on interim bail. The

learned counsel for the appellant further submitted that

the appellant undertakes to deposit the fine, as imposed

by the learned Trial Court, within sixty days' from the date

of his release on 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, Bablu Ahmad, provided he submits his personal

bond and two reliable sureties, each in the like amount to

the satisfaction of the court concerned.

9. List this case on 21.10.2022 for final hearing.

___________________ ALOK KUMAR VERMA, J.

Dt: 27.08.2022 Neha