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Uttarakhand High Court
Vivek Pandey vs State Of Uttarakhand on 30 December, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No. 1 of 2025 (Bail Application)
In
Criminal Appeal No. 742 of 2025
Vivek Pandey ........Appellant
Versus
State of Uttarakhand ........Respondent
Present:-
Mr. J.C. Karnatak, Advocate for the appellant.
Ms. Manisha Rana Singh, Deputy Advocate General for the State.
Hon'ble Ravindra Maithani, J.
The challenge in this appeal is made to the judgment and
order dated 06.12.2025/08.12.2025 passed in Sessions Trial No. 03 of
2023, State of Uttarakhand v. Vivek Pandey, by the court of 2nd
Additional Sessions Judge, Nainital. By it, the appellant has been
convicted under Sections 323, 354-D, 506 IPC and sentenced as
under:-
(i) Under Section 323 IPC - rigorous imprisonment for
a period of one year and a fine of Rs. 1,000/-. In
default of payment of fine, to undergo further
imprisonment for a period of one month.
(ii) Under Section 354-D IPC - rigorous imprisonment
for a period of two years and a fine of Rs. 5,000/-.
In default of payment of fine, to undergo further
imprisonment for a period of two months.
(iii) Under Section 506 IPC - rigorous imprisonment for
a period of four years and a fine of Rs. 5,000/-. In
default of payment of fine, to undergo further
imprisonment for a period of one month.
2. The appellant seeks bail during pendency of the appeal.
3. This is an admitted appeal.
4. Heard learned counsel for the parties on bail application
and perused the record.
5. According to the prosecution case, the appellant came in
contact with the victim through social media platform. Thereafter, he
blackmailed the victim and raped her. He tried to continue it, but the
victim revealed it to her family members. Thereafter, a compromise
was entered into between the parties, but, again the appellant tried to
follow the victim.
6. Learned counsel for the appellant submits that a
compromise was entered into between the parties, in which both the
appellant and the victim agreed that they would not telephone to each
other and would maintain a distance. He submits that no case is made
out against the appellant.
7. Learned State Counsel submits that the victim has
supported the prosecution case.
8. It is a stage of bail, post conviction. Much of the
discussion is not expected of.
9. It is admitted that the parties were in close relationship.
They, in fact, entered into a settlement.
10. Having considered this and other attending factors, this
Court is of the view that it is a case in which the execution of the
sentence should be suspended and the appellant be enlarged on bail.
11. The bail application is allowed.
12. The execution of sentence appealed against is suspended
during the pendency of the appeal.
13. Let 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.
14. List the criminal appeal for final hearing in due course.
(Ravindra Maithani, J)
30.12.2025
Avneet/
