Shahnawaz @ Khana Bhai vs State Of Uttarakhand
2023 Latest Caselaw 1162 UK

HIGH COURT OF UTTARAKHAND AT NAINITAL

           Bail Application (IA No.1 of 2021)
                           In
            Criminal Appeal No.99 of 2021


Shahnawaz @ Khana Bhai                      ........Appellant

                          Versus

State of Uttarakhand                     ........Respondent

Present:-
      Mr. Sanjay Kumar, Advocate for the appellant.
      Mr. J.S. Virk, Deputy Advocate General along with Mr.
      Pankaj Joshi, Brief Holder for the State.

Coram:    Hon'ble Sharad Kumar Sharma, J.

Hon'ble Ravindra Maithani, J.

Hon'ble Ravindra Maithani, J. (Oral)

Instant appeal is preferred against the

judgment and order dated 19.01.2021 passed in Special

Sessions Trial No.10 of 2017, State vs. Shahnawaz @

Khana Bhai, by the court of FTC/Additional Sessions

Judge/Special Judge (POCSO), Haldwani, District

Nainital. By the impugned judgment and order, the

appellant has been convicted under Sections 363, 366,

376 (d) & 506 IPC and Section 5(g)/6 of the Protection of

Children from Sexual Offences Act, 2012 and sentenced

accordingly. The appellant seeks bail.

2. Heard learned counsel for the parties and

perused the record.

3. Learned counsel for the appellant-Shahnawaz

would submit that he has been falsely implicated; Meena

had some relationship with Rajendra. Rajendra was

named in the FIR, but the informant entered into a

compromise with them. He would submit that the

prosecution story is false; the victim tells that she was

taken in a blue Platina motorcycle by two persons,

whereas, Black Hero motorcycle was recovered. The

prosecution case, according to learned counsel for the

appellant, is also not reliable because motorcycle

belonging to one make cannot be taken for repairing in

garage of some other company.

4. Learned State Counsel would submit that

initially, when the victim was found missing, her father

lodged a report on the suspicion against two persons, but

when the victim returned, she narrated the story. She

also told as to how those two boys took their motorcycle

for repairing in an agency. Thereafter, the witnesses

reached at the agency and from the CCTV footages, the

appellant-Shahnawaz could be identified. He would also

submit that although the CCTV footages could not be

proved, but the victim has identified the appellant-

Shahnawaz in the court.

5. It is a stage of bail, much of the discussion is

not expected of. The victim has been categorical that it is

the appellant, who has also raped her on multiple

occasions.

6. Having considered, this Court is of view that

this is not a fit case for bail. Accordingly, the bail

application deserves to be rejected.

7. The bail application is rejected.

8. List this matter on 13.07.2023.

(Ravindra Maithani, J.) (Sharad Kumar Sharma, J.) 27.04.2023 AK