Uttarakhand High Court
CRLA/519/2022 on 17 August, 2023
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
CRLA No. 519 of 2022
Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Pankaj Purohit, J.
Mr. Devesh Upreti, learned counsel for
the appellant.
2. Mr. J.S. Virk, learned D.A.G. alongwith
Mr. R.K. Joshi and Mr. Pankaj Joshi, learned
Brief Holders for the State of Uttarakhand.
3. The appellant is convicted by the
judgment dated 29.11.2022 passed by
learned Special Sessions Judge (POCSO),
Bageshwar under Section 376(2)(n) of IPC
and under Section 5(j)(ii)(l)/6 of Protection
of Children from Sexual Offences (POCSO)
Act, 2012 and was sentenced with the aid of
Section 42 of POCSO Act for rigorous
imprisonment of 20 years and fine of Rs.
1,000/-, with default stipulation of additional
six months simple imprisonment.
4. Learned counsel for the appellant
sought bail of the appellant.
5. The case of the prosecution started with
lodging of the missing report on 17.12.2021
by the father of the victim-Jagdish Singh,
wherein it is reported that on 28.10.2021,
his daughter set out for her school-Dova
Inter College from her home, but did not
return home in the evening and after being
searched, she was not found. Later on, the
victim was recovered on 22.01.2022, in the
company of the appellant and her statement
was recorded under Section 164 of Cr.P.C.
before the Chief Judicial Magistrate,
Bageshwar and she was medically examined
at District Hospital, Bageshwar.
6. In the statement recorded under
Section 164 of C.R.P.C., the victim narrated
that she went with the appellant/accused,
whom she liked, out of her own will and
volition. It is also stated in the statement
that she called appellant Deepak Kumar S/o
Rajendra Ram to Simi Nargol and on
28.11.2021, she went with the appellant to
Meerut and there they lived as husband and
wife. After living there for certain period, the
mother of the appellant called them back for
performing some Pooja and they came back
to appellant's house in Village Pant Gaon,
Jhupulchaura, P.S.-Someshwar, District-
Almora, where they lived for further 15
days, as husband and wife. She categorically
stated that both the appellant and the victim
were living as husband and wife and she
was pregnant.
7. It is submitted by the learned counsel
for the appellant that alongwith bail
application, an affidavit of victim was also
filed, in which she supported the version as
given by her, during the recording of the
statement under Section 164 of Cr.P.C. and
it has been specifically stated that the victim
is at present residing in her matrimonial
house i.e. in the house of the appellant-
Deepak Kumar. Both of them intend to
marry, once the appellant is bailed out.
8. It is reflected from the record that even
a compounding application has also been
filed by both the appellant and the victim
jointly in the appeal itself, which was also
supported by the separate affidavit filed by
the victim and the story narrated by the
victim is that she is staying in her
matrimonial house.
9. Per contra, learned D.A.G. for the State
stated that since the appellant has been
convicted for his heinous crime and the DNA
of the appellant was matched with the DNA
of the foetus, therefore the relation between
the parties were proved and he was rightly
convicted. Accordingly, he cannot be
enlarged on bail at this stage, particularly
when the victim was minor of 17 years of
age.
10. Having heard learned counsel for the
parties and having given thoughtful
consideration to the submissions made by
the rival parties as well as the material
available on record, we feel it appropriate
that at this stage, without expressing any
opinion about the merits of the case, the
appellant is entitled to be released on bail.
We accordingly grant bail to the appellant.
11. Let the appellant-Deepak Kumar be
released on bail during the pendency of this
appeal, on executing his personal bond and
furnishing two reliable local sureties, each of
like amount, to the satisfaction of the
Magistrate concerned.
12. Urgency Application (IA No. 6 of 2023)
stands disposed of accordingly.
13. List on due course for final hearing.
14. In the meantime, paper book be
prepared and supplied to the learned
counsels for the parties, as per law.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)
17.08.2023
PN
