CRLA/192/2022
2022 Latest Caselaw 1892 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                        29th JUNE, 2022

              CRIMINAL APPEAL NO.192 OF 2022

Between:

Abrar Ahmed                                 ........Appellant
and

State of Uttarakhand                          ...Respondent


Counsel for the Appellant       :    Mr. Digvijay Singh Bisht.


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 28.05.2022, passed by the F.T.S.C./ Additional

Sessions Judge, Roorkee, District Haridwar in Special Sessions

Trial No.03 of 2021, "State vs. Abrar Ahmed", whereby the

appellant has been convicted for the offence under Section

354A of IPC and Section 9/10 of the Protection of Children

from Sexual Offences Act, 2012, and, in terms of Section 42 of

the said Act, 2012, the appellant has been sentenced to

undergo rigorous imprisonment for a period of five years along

with a fine of Rs.30,000/- under Section 9/10 of the said Act,

2012. In default of payment of fine, the appellant has been

directed to undergo further additional imprisonment for a

period of three months.

2. Heard Mr. Digvijay Singh Bisht, learned counsel for

the appellant and Mr. T.C. Agarwal, learned Deputy Advocate

General for the State on the bail application.

3. On 10.06.2022, the learned counsel appearing for

the State had sought two weeks' time to file objection(s) to the

bail application.

4. Today, the learned counsel appearing for the State

opposed the bail application orally.

5. The learned counsel for the appellant submitted that

the appellant has been falsely implicated; he is 73 years old;

there are substantial doubts about the conviction; the

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

were not misused or violated.

6. The learned counsel for the State fairly conceded

that the appellant was on bail during the trial and the

conditions of bail were neither misused nor violated.

7. Considering the facts and circumstances of the case,

this Court is inclined to grant bail to the appellant - Abrar

Ahmed, provided he submits a personal bond and two reliable

sureties of the same amount to the satisfaction of the court

concerned.

___________________ ALOK KUMAR VERMA, J.

Dated: 29th June, 2022 Pant/