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Uttarakhand High Court
Monis vs State Of Uttarakhand on 20 December, 2025
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE JUSTICE SHRI ALOK KUMAR VERMA
AND
HON'BLE JUSTICE SHRI ALOK MAHRA
20TH DECEMBER, 2025
BAIL APPLICATION (IA NO.1 OF 2023)
in
CRIMINAL APPEAL NO.109 OF 2023
Monis ...... Appellant
Vs.
State of Uttarakhand ......Respondent
Counsel for the Appellant : Mr. Raj Kumar Singh,
Advocate.
Counsel for the State : Mr. G.S. Sandhu, Additional
Advocate General assisted
by Mr. Deepak Bhardwaj
and Ms Meenakshi Sharma,
Brief Holder.
Corum: Hon'ble Alok Kumar Verma, J.
Hon'ble Alok Mahra, J.
(Per : Shri Alok Kumar Verma, J.)
Appellant - Monis has been convicted and
sentenced to undergo rigorous imprisonment for a period of
ten years along with a fine of Rs. 20,000/- for the offence
punishable under Sections 377 of the Indian Penal Code,
1860 (in short, 'IPC'); he has been convicted and sentenced
to undergo rigorous imprisonment for a period of one year
with a fine of Rs.1,000/- for the offence punishable under
Section 323 IPC; he has been convicted and sentenced to
undergo rigorous imprisonment for a period of six months
along with a fine of Rs.1,000/- for the offence punishable
under Section 506 IPC, and, he has been further convicted
for the offence punishable under Section 3(a) read with
Section 4(2) of the Protection of Children from Sexual
Offences Act, 2012 and has been sentenced to undergo
rigorous imprisonment for a period of twenty years with a
fine of Rs.20,000/- vide judgment dated 31.01.2023,
passed by learned Additional District and Sessions
Judge/Special Judge, POCSO, Haridwar in Special Sessions
Trial No.167 of 2021. All the sentences have been directed
to run concurrently.
2. Heard Mr. Raj Kumar Singh, learned Advocate for
the appellant and Mr. G.S. Sandhu, learned Additional
Advocate General for the State on the bail application.
3. Mr. Raj Kumar Singh, Advocate has contended
that as per the prosecution, on 17.09.2021, the victim,
aged about 12 years, was going by cycle. Appellant called
him and took him to the bushes and committed sodomy. He
lost consciousness. Appellant took his cycle and left. When
he regained consciousness, he came to the road, where he
met Constable Yunus Beg, who took him to the hospital, but
the alleged victim (PW1) has stated in his cross-
examination that he ran away on foot and Monis (appellant)
was running behind him. The medical report also does not
support the case of the prosecution. Dr. Neeraj Kumar
(PW-3) has stated in his cross-examination that there were
no injuries on the body of the victim related to sexual
assault. (PW-5) Sub-Inspector Dimple Joshi, the
Investigating Officer, has stated that the appellant was
handicapped and used to travel only with the help of a cycle
while the alleged victim (PW1) has stated that Monis was on
foot. There are serious contradictions in the statements of
the prosecution witnesses. Therefore, there are substantial
doubts about the conviction. Appellant was on bail during
the trial and conditions of bail were never misused or
violated by him. He is a permanent resident of District
Haridwar, therefore, there is no possibility of his
absconding, and, he is in judicial custody since 31.1.2023.
4. Mr. G.S. Sandhu, learned counsel appearing for the
State, has opposed the bail application.
5. Having regard to the circumstance of the present
case and without expressing any opinion as to the merits or
demerits of the case, this Court is inclined to grant bail to
the appellant during the pendency of this appeal.
6. The Bail Application (IA No.1 of 2023) is allowed.
7. Let the appellant -Monis be released on bail on
his executing a personal bond of Rs.30,000/- and furnishing
two reliable sureties, each in the like amount, to the
satisfaction of the trial court.
____________________
ALOK KUMAR VERMA .J.
_____________
ALOK MAHRA, J.
Dated: 20.12.2025
BS
