CRLA/430/2021
2025 Latest Caselaw 6526 UK

Uttarakhand High Court

CRLA/430/2021 on 23 December, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                                  COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures


                                      Bail Application No. 1 of 2022
                                      In
                                      CRLA No. 124 of 2022
                                      Hon'ble Rakesh Thapliyal, J.

1. Ms. Aishwariya Thapliyal, learned counsel holding brief of Mr. Abhishek Verma, learned counsel for the appellant / convict.

2. Mr. G.S. Sandhu, learned Addl. Advocate General with Mr. Himanshu Sain, learned Brief Holder for the State.

3. This is an admitted appeal, admitted on 28.04.2022 and while admitting the appeal, the State was directed to file objection to the bail application.

4. By the instant appeal, appellant - convict is challenging the judgment and order dated 29.11.2021 passed by FTSC / Addl. Sessions Judge, Roorkee, District Haridwar whereby appellant has been convicted for the offences punishable under Section 376 (3) of IPC read with Section 5 (l) / 6 of the POCSO Act and sentenced to undergo 10 years rigorous imprisonment with a fine of Rs. 30,000/-.

5. It is contended by the learned counsel for the appellant that appellant was arrested on 04.11.2018 and since then he is in jail. She submits that appellant was never granted bail during trial and now, he has already suffered a long incarceration, since the appellant already served half of the sentence.

6. Apart from this, she submits that the co-accused Deepak Kumar has already been enlarged on bail by the Coordinate Bench of this Court on 18.07.2024.

7. On the last date, learned State Counsel was directed to get the custody certificate of the appellant and the same is produced and placed on record.

8. As per custody certificate dated 21.12.2025 the appellant has served 7 years 1 month 17 days without remission and 7 years 6 months 29 days with remission as on 20.12.2025.

9. Now, taking into consideration that appellant has already served more than half of the sentence, as per custody certificate dated 21.12.2025 issued by Senior Superintendent of Jail, District Haridwar, this Court is of the view that appellant deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed.

10. Let the appellant "Vijendra Yadav, son of late Ram Chandra Yadav" be released on bail, during the pendency of the instant appeal, on furnishing a personal bond and two sureties each of the like amount, to the satisfaction of the court concerned.

11. List this appeal along with connected appeal for final hearing in the month of March, 2026.

(Rakesh Thapliyal, J.) 23.12.2025 SKS