CRJA/117/2023
2025 Latest Caselaw 3832 UK

Uttarakhand High Court

CRJA/117/2023 on 23 April, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                     Office Not es,
                   r epor t s, or der s
                   or proceedings
SL.
No.
         Dat e       or direct ions                      COURT'S OR JUD GE'S ORD ERS
                   and Regist rar 's
                      order wit h
                      Signat ures
      23.04.2025                          CRJA No. 117 of 2023
                                          Hon'ble Vivek Bharti Sharma, J.

Ms. Reema Rana, learned counsel for the appellant.

2. Mr. Deepak Bisht, learned Deputy A.G. for the State.

3. Present criminal appeal is preferred against the judgment and order dated 14.10.2020 passed by Fast Track Court/Additional Sessions Judge/Special Judge POCSO Haldwani, Nainital in Special Sessions Trial No. 49 of 2017, under Sections 363, 366 & 376(2) I.P.C. and under Section 5/6 POCSO Act, 2012.

4. Heard on the bail application.

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, the appellant/convict has served more than seven years of sentence out of total awarded sentence, therefore, the appellant/convict may be released on bail as the appeal may take considerable time for its conclusion.

6. State counsel strongly opposed the bail application on the ground that serious allegations have been proved against the appellant/convict, however, he would admit that the appellant has served more than seven years of sentences out of total awarded sentence.

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/applicant 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 22.07.2025 for final hearing.

(Vivek Bharti Sharma, J.) 23.04.2025 Mamta