Mohd. Sameer vs State Of Uttarakhand
2025 Latest Caselaw 2672 UK

Uttarakhand High Court

Mohd. Sameer vs State Of Uttarakhand on 22 August, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

  IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                IA No.1 of 2025 For Bail Application
                                 In
              Criminal Appeal No. 254 of 2024


Mohd. Sameer                                                   ...... Appellant

                                    Vs.

State of Uttarakhand                                      ..... Respondent

Present:
Mr. Shariq Khurshid, Advocate for the appellant.
Ms. Manisha Rana Singh, D.A.G. for the State of Uttarakhand.

Hon'ble Ravindra Maithani, J. (Oral)

The instant appeal has been preferred against

judgment and order dated 16.03.2024, passed in Special Sessions

Trial No.752 of 2018, State Vs. Mohd. Sameer, by the court of

FTC/Additional Sessions Judge/Special Judge (POCSO),

Rudrapur, District Udham Singh Nagar. By it, the appellant has

been convicted and sentenced under Sections 376(2), 363, 366

IPC and Section 5(l)/6 of the Protection of Children from Sexual

Offences Act, 2012.

2. Heard.

3. This is an admitted appeal.

4. List in due course for final hearing.

5. Heard on Bail Application (IA) No.1 of 2025.

6. Learned counsel for the appellant submits that the

appellant and the victim both were in relationship; the victim left

her home on her own and joined the company of the appellant;

their relationship was consensual; appellant was on bail during

trial.

7. Learned State Counsel submits that although,

according to the victim, the relationship was consensual, but she

submits that the victim is a minor.

8. This is an admitted appeal. It shall be heard

finally.

9. Having considered the entirety of facts, this Court

is of the view that it is a case in which the execution of sentence

should be suspended and the appellant be enlarged on bail.

10. The bail application is allowed.

11. The sentence appealed against is suspended

during the pendency of the appeal.

12. The appellant be released on bail during the

pendency of the appeal on his executing a personal bond and

furnishing two reliable sureties, each of the like amount, to the

satisfaction of the court concerned.

(Ravindra Maithani, J.) 22.08.2025

Ravi Bisht