CRJA/9/2024
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Uttarakhand High Court

CRJA/9/2024 on 21 April, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office     Notes,
                   reports, orders
SL.                or proceedings
        Date       or directions and
                                                            COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order
                   with Signatures

      21.04.2025                       CRJA No. 9 of 2024
                                       Hon'ble Vivek Bharti Sharma, J.

Mr. Sandeep Adhikari, learned Legal Aid counsel for the appellant/convict

2. Mr. Akshay Latwal, learned A.G.A. for the State.

3. Present criminal appeal is preferred against the judgment and order dated 04.11.2023 and 06.11.2023 passed by Special Judge POCSO/Additional District Judge, Dehradun in Sessions Trial No. 94 of 2021, whereby the appellant/convict has been convicted for the offence punishable under Section 354 I.P.C. and 7/8 of Protection of Children from Sexual Offences Act, 2012.

4. Heard on the bail application (IA 3 of 2024).

5. Counsel for the appellant/convict would submit that the appellant/convict is an innocent person; that, he has falsely been implicated in the instant crime; that, there is no independent witness of the alleged incident; that, there is no direct evidence against the present appellant/convict; that, the statement of the victim is not clear and also doubtful; that, the appellant/convict is languishing in jail since 08.07.2021.

6. State counsel strongly opposed the bail application on the ground that the allegations levelled have been proved against the appellant/convict, however, he would admit that the appellant/convict was arrested on 08.07.2021 and since then he is in jail.

7. Having considered the submissions of learned counsel for the parties and without expressing any opinion on the final merits of the case, the appellant/applicant is admitted to bail.

8. Let the appellant/accused be released on bail, during the pendency of present criminal appeal, on furnishing bail bond with two sureties in the amount of ₹30,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.

9. Bail application stands disposed of accordingly.

10. List this case on 16.07.2025 for final hearing.

(Vivek Bharti Sharma, J.) 21.04.2025 Mamta `