CRLA/63/2023
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                               IA No.01 of 2023 (Bail Application)
                               In
                               CRLA No.63 of 2023
                               Hon'ble Sharad Kumar Sharma, J.

Mrs. Pushpa Joshi, Senior Advocate, for the appellant.

Mrs. Mamta Joshi, Brief Holder, for the State of Uttarakhand.

The appellant is a convict for the commission of the offences under section 354 of IPC, and under section 10 of the POCSO Act. As a consequence of the judgment of the conviction dated 17.01.2023, he has been sentenced to undergo two years of rigorous imprisonment for the offence under section 354 of IPC; and five years of rigorous imprisonment for the offence under section 10 of the POCSO Act.

As per the records, which are available, it shows that he was arrested on 20.07.2022, and he was later on bailed out on 09.11.2022. Consequently it infers that he has served three months and 20 days of sentence, apart from the sentence, which he has served after the judgment of the conviction dated 17.01.2023.

Having gone through the set of allegations levelled in the FIR, and the basis of the conviction, this Court is of the tentative view that in fact no prima facie offence under section 354 of IPC, is made out, because it has been observed that it was only an attempt made. Coupled with the fact that since looking to the quantum of the sentence imposed upon him, since the applicant/appellant has already served about 11 months of his total sentence, and during the course when he was on bail, he has never misused the same, coupled with the fact that there happens to be no direct eye witness to the incident.

In view thereof, the appellant is directed to be released on bail, subject to the furnishing of his personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

Registry is directed to prepare the paperbook, and supply the same to the learned counsel for the parties, as per Rules.

(Sharad Kumar Sharma, J.) 04.08.2023

NR/