CRLA/422/2019
2025 Latest Caselaw 1741 UK

Uttarakhand High Court

CRLA/422/2019 on 6 August, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

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                                  IA No.15362 of 2025
                                  In
                                  CRLA No.422 of 2019
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Subhash Upadhyay, J.

Mr. Prince Chauhan, learned legal aid counsel for the appellant.

2. Mr. Dinesh Chauhan, learned A.G.A. for the State.

3. This appeal against conviction has been filed challenging judgment dated 21.12.2018 rendered by learned Fast Track Court/Additional Sessions Judge/Special Judge (POCSO), Haldwani, Nainital in S.S.T. No.11/2017. By the said judgment, appellant was convicted for offence punishable under sections 363, 366, 376(2) of IPC and Section 5/6 of POCSO Act and was sentenced to twelve years' R.I. and fine of ₹ 15,000/- u/s 376(2) IPC, five years' R.I. and fine of ₹ 8,000/- u/s 366 IPC and three years' R.I. and fine of ₹ 5,000/- u/s 363 IPC.

4. Today, the matter is listed on Second Bail Application (IA No.15362 of 2025). The first bail application was rejected on 24.07.2020.

5. Learned legal aid counsel appearing for the appellant submits that it is a case of love relationship as the victim has admitted in her testimony that she was in love with the appellant and physical relations were also established between them with her consent. He further submits that at the time of incident, appellant was only 20 years of age while the victim was of 14 years.

6. He further submits that against sentence of 12 years imposed upon the appellant, he has undergone actual sentence of 07 years 07 months and 07 days as on 02.08.2025 and with remission, the period of incarceration is 09 years 05 months and 11 days. Therefore, he submits that as appellant has served more than 50% of sentence, therefore, he is entitled to bail as per law declared by Hon'ble Supreme Court.

7. Learned State Counsel was asked to get instructions. On instructions, Mr. Dinesh Chauhan, learned A.G.A. submits that the submission made by learned counsel for the appellant regarding the period of incarceration of the appellant is correct.

8. Having regard to the long incarceration suffered by the appellant and also in view of the fact that the appeal is not likely to be heard finally in near future, we suspend the sentence and release the appellant on bail.

9. Accordingly, bail application is allowed.

10. Let the appellant - Mohd. Naeem be released on bail in the present case, on his furnishing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of Court concerned. The appellant shall furnish his mobile number and correct address to the SHO of concerned police station and shall keep the same updated. The appellant shall mark his presence in the said police station once in every month. The appellant shall not commit any offence during the period he is on bail. If involved in any other criminal activity, the State shall be entitled to seek cancellation of bail.

11. List this Appeal in due course.

(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 06.08.2025 06.08.2025

Rajni