CRLA/173/2022
2022 Latest Caselaw 1663 UK

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


                       27TH MAY, 2022

              CRIMINAL APPEAL NO. 173 of 2022


Between:

Mohd Amir.                                              ...Appellant

and

State of Uttarakhand.                               ...Respondent

Counsel for the Appellant     : Mrs. Sheetal Selwal.

Counsel for the State         : Mr. Lalit Miglani,
                                learned A.G.A. assisted by
                                Ms. Sonika Khulbe, learned
                                Brief Holder for the State.


Hon'ble Alok Kumar Verma,J.

This Criminal Appeal has been filed by the

appellant-Mohd. Amir against the judgment dated

24.03.2022, passed by the Special Judge

(POCSO)/Additional District and Sessions Judge,

Dehradun, in Special Sessions Trial No.87 of 2017, "State

vs. Mohd. Amir", whereby the appellant has been

convicted for the offence punishable under Section 354A

of IPC and Section 8 of the Protection of Children from

Sexual Offences Act, 2012 (hereinafter referred to as, "the

Act, 2012") and in the terms of Section 42 of the said Act,

2012, the appellant has been sentenced under Section 8

of the Act, 2012 to undergo rigorous imprisonment for a

period of three years along with a fine of Rs.20,000/-.

2. Heard Mrs. Sheetal Selwal, the learned counsel

for the appellant and Mr. Lalit Miglani, the learned A.G.A.

assisted by Ms. Sonika Khulbe, the learned Brief Holder for

the State.

3. Admit.

4. Heard on the Bail Application No.1 of 2022.

5. Mrs. Sheetal Selwal, the learned counsel for the

appellant, submitted that the appellant was on bail during

the trial and the conditions of bail were not violated or

misused by the appellant.

6. Mr. Lalit Miglani, the learned A.G.A. for the

State, opposed the bail application orally. However, he

fairly conceded that the appellant was on bail during the

trial and the conditions of bail were neither violated nor

misused by the appellant.

7. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the appellant

Mohd. Amir, 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.

Dt: 27th May, 2022 Neha