[Cites 3, Cited by 0]
Uttarakhand High Court
CRJA/55/2024 on 18 December, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
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CRJA No.55 of 2024
Hon'ble Pankaj Purohit, J.
Mr. Prince Chauhan, learned legal-aid
counsel for the appellant.
2. Ms. Pushpa Bhatt, learned A.A.G. with
Mr. S.C. Dumka, learned A.G.A. for the
State of Uttarakhand/respondent.
3. Today, the matter is listed on
exemption application (IA/1/2025) and
bail application (IA/2/2025).
Exemption application (IA/1/2025)
4. Exemption application has been
moved by appellant/applicant for
exempting him to file affidavit in support
of bail application.
5. Since the appellant/applicant is in jail
and his pairvi is being done by legal-aid
counsel, therefore, exemption application
(IA/1/2025) is allowed. Appellant/
applicant is exempted from filing affidavit
in support of bail application.
Bail Application (IA/2/2025)
6. Appellant/applicant is under
incarceration pursuant to judgment and
order dated 06.06.2024 passed by learned
Special Sessions Judge (POCSO),
Pithoragarh, in Special Sessions Trial
No.44 of 2022 State Vs. Hoshiyar Singh @
Hathiyar, whereby, the appellant/applicant
was convicted u/s 363 IPC and u/s 7/8 of
the POCSO Act and sentenced to seven
years' R.I. with fine of Rs.10,000/- with
default stipulation of additional one year's
R.I. and five years' R.I. with fine of
Rs.20,000/- with default stipulation of one
year's additional R.I., respectively. Both
the sentences were directed to run
concurrently.
7. The gravamen of argument advanced
by learned legal-aid counsel for appellant/
applicant is that missing report was filed
by informant in Kotwali Pithoragarh on
28.07.2022 and subsequently, according
to the prosecution case, the victim was
recovered from the white Truck (Canter)
No.UK 05 CA 0895.
8. The submission of learned legal-aid
counsel for appellant/applicant is that the
victim was recovered on 28.07.2022 while
the alleged truck was said to have been
recovered by the prosecution on
08.08.2022. According to learned legal-aid
counsel, this creates serious doubt on the
prosecution story and the same has been
neglected by learned Trial Court while
convicting and sentencing the appellant.
He further submits that the appellant/
applicant is in jail since 28.07.2022.
9. Per contra, learned State Counsel
though argued vehemently not to grant
bail to the appellant/applicant, but, failed
to offer any explanation as to why the
truck, from which the victim was allegedly
recovered, was taken into custody after
almost 10 days.
10. In such view of the matter, this Court
is of the view that at this stage, appellant/
applicant deserves to be released on bail.
11. Accordingly, the bail application (IA/2/
2025) is allowed. Let the apellant/
applicant-Hoshiyar Singh @ Hathiyar, be
released on bail on his executing personal
bond and furnishing two reliable sureties
each of like amount, to the satisfaction of
Magistrate concerned.
CRJA/55/2024
12. Put up for final hearing on
16.04.2026.
(Pankaj Purohit, J.)
18.12.2025
PN
