Vicky vs State Of Uttarakhand
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Uttarakhand High Court

Vicky vs State Of Uttarakhand on 29 February, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL

        Second Bail Application (IA) No.4 of 2024
                                 In
              Criminal Appeal No. 309 of 2021
Vicky                                            ........Appellant

                               Versus

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


Present:-
            Mr. Kamal Kishor Harbola, Advocate for the appellant.
            Mr. Virendra Singh Rawat, AGA for the State.


Hon'ble Ravindra Maithani, J. (Oral)

The instant appeal is preferred against the judgment

and order dated 03.02.2021/04.02.2021, passed in Special

Sessions Trial No.19 of 2018, State of Uttarakhand vs. Vicky,

by the court of District and Sessions Judge/Special Sessions

Judge, Champawat ("the case"), by which, the revisionist has

been convicted and sentenced under Sections 363, 376 IPC

and Sections 3/4 of the Protection Of Children From Sexual

Offences Act, 2012. Appellant seeks bail.

2. Heard learned counsel for the parties and perused

the record.

3. Learned counsel for the appellant would submit

the bail is pending for a long. The appellant has already

undergone more than half of the sentence. The maximum

sentence is 07 years imprisonment.

4. Learned State counsel was required to get

instructions in the matter. He would submit that the

appellant has undergone more than half of the sentence.

5. In the case of Satendra Kumar Antil vs. Central

Bureau of Investigation and another, 2021 SCC OnLine 922,

the Hon'ble Supreme Court has referred to the provisions of

Section 436-A of the Code of Criminal Procedure, 1973 ("the

Code") and observed that the delay in taking up the main

appeal coupled with the benefit of Section 436-A of the Code

are the factors which are to be taken into consideration for

granting the bail. Appeal, as such has not been listed for a

long. The appellant has already undergone more than half of

the sentence.

6. Having considered, this Court is of the view that

bail application of the appellant Vicky deserves to be allowed.

7. The bail application is allowed.

8. The operation and execution of sentence, appealed

against, shall remain suspended during the pendency of this

appeal. Let the appellant Vicky be given in the custody of his

mother, subject to production of two reliable sureties. The

mother of the appellant shall also give an undertaking that

she shall take care of the appellant and shall not allow her to

contact any of the witnesses or their family members. The

mother of the appellant shall also undertake that she shall

also not contact either the witnesses or any of their family

members.

9. List the criminal appeal before appropriate Bench.

(Ravindra Maithani, J.) 29.02.2024 Sanjay