Gaurav And Another ... vs State Of Uttarakhand
2025 Latest Caselaw 3575 UK

Uttarakhand High Court

Gaurav And Another ... vs State Of Uttarakhand on 7 April, 2025

Author: Pankaj Purohit

Bench: Ravindra Maithani, Pankaj Purohit

     HIGH COURT OF UTTARAKHAND AT NAINITAL

                 Bail Application (IA) No.01 of 2023
                                     In
                   Criminal Appeal No. 680 of 2023

Gaurav and another                     ........Appellants/Applicants
                                     Vs.
State of Uttarakhand                       ........... Respondent
Present : Mr. T.A. Khan, Senior Advocate assisted by Mr. Mohd. Shafy, Advocate
          for the appellants/applicants.
          Mr. Yogesh Tiwari, Standing Counsel for the State.




Coram :       Hon'ble Ravindra Maithani. J.
              Hon'ble Pankaj Purohit, J.

Hon'ble Ravindra Maithani, J. (Oral)

Instant appeal is preferred against the judgment and

order dated 22.08.2023, passed in Special Sessions Trial No.02 of

2019, State of Uttarakhand vs. Gaurav and another, by the court of

Additional District and Sessions Judge/Fast Tract Special Court

(POCSO), Dehradun, District Dehradun. By it, the appellants

Gaurav and Vivek have been convicted and sentenced under

Sections 363, 366-A, 506, 120-B IPC read with Section 6 of the

Protection of Children from Sexual Offences Act, 2012 ("the POCSO

Act").

2. Heard on Bail Application (IA) No.01 of 2023.

3. According to the prosecution story, the victim, a young

was found missing from her home on 14.10.2018 at 03:40 PM.

Missing report was lodged. Subsequently, she was traced. It is the

prosecution case that the appellants enticed her and established

physical relation with her forcibly.

4. Learned Senior Counsel for the appellants would

submit that the victim was major, that is what, she has stated

during investigation; the appellant no.1 and the victim, both were

in relationship; the applicants did not, in any manner, enticed the

victim for leaving her home, she on her own free will, left her home.

5. Learned State counsel would submit that the victim

was minor at the date of incident.

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

case in which the execution of sentence should be suspended and

the applicants/appellants be enlarged on bail.

7. The bail application is allowed.

8. The execution of sentence, which is under challenge in

this appeal shall remain suspended during the pendency of the

appeal.

9. Let the applicants/appellants be released on bail,

during pendency of the appeal on their executing a personal bond

and furnishing two reliable sureties, each of the like amount, by

each one of them, to the satisfaction of the court concerned.

10. List on 26.06.2025.

(Pankaj Purohit, J.) (Ravindra Maithani, J.) 07.04.2025 Sanjay