CRLA/418/2021
2022 Latest Caselaw 2135 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                         15th JULY, 2022

               CRIMINAL APPEAL NO. 418 of 2021

Between:

Adesh                                          ........Appellant
and

State of Uttarakhand                            ...Respondent


Counsel for the Appellant         :    Mr. Vaibhav Singh
                                       Chauhan.


Counsel for the State             :    Mr. S.T. Bhardwaj,
                                       learned Deputy Advocate
                                       General assisted by Mrs.
                                        Shivangi Gangwar,
                                        learned Brief Holder.


Hon'ble Alok Kumar Verma,J.

This Criminal Appeal has been filed against the

judgment dated 20.11.2021/23.11.2021, passed by the

Additional Sessions Judge/F.T.S.C., Haridwar in Special

Sessions Trial No. 18 of 2020 "State Vs. Adesh", whereby, the

appellant-Adesh has been convicted for the offence under

Section 354 of IPC and has been sentenced to undergo

rigorous imprisonment for a period of three years along with a

fine of `10,000/-, and, he has been further convicted and

sentenced to undergo rigorous imprisonment for a period of

four years along with a fine of `10,000/-, for the offence under

Section 7/8 of the Protection of Children From Sexual Offences

Act, 2012. Both the sentences are directed to run concurrently.

2. Heard Mr. Vaibhav Singh Chauhan, learned counsel

for the appellant and Mr. S.T. Bhardwaj, learned Deputy

Advocate General assisted by Mrs. Shivangi Gangwar, learned

Brief Holder for the State.

3. Admit.

4. Mr. Vaibhav Singh Chauhan, the learned counsel for

the appellant, submitted, on the bail application, that the

appellant was a student of ITI at the time of the alleged

incident; he was falsely implicated in the present matter; at

the time of the alleged incident, his age was around 19 years;

there are material contradictions in the evidence, adduced by

the prosecution; the appellant has no criminal history; he is a

permanent resident of District Haridwar and he was on bail

during the trial and the conditions of bail were neither misused

nor violated.

5. The State has not filed objection to the bail

application, even availing sufficient opportunity to file the

same. The learned counsel for the State opposed the bail

application orally.

6. Considering the facts and circumstances of the case,

this Court is inclined to grant bail to the appellant-Adesh,

provided he submits a personal bond and two reliable sureties

of the same amount to the satisfaction of the Trial Court

concerned.

7. The Registry is directed to prepare the paper books

and supply the same to the learned counsel for the parties, as

per Rules.

8. List this matter on 06.09.2022.

___________________ ALOK KUMAR VERMA, J.

Dated: 15th July, 2022 AK