Mohan Ram vs State Of Uttarakhand
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Uttarakhand High Court

Mohan Ram vs State Of Uttarakhand on 14 February, 2025

Author: Alok Kumar Verma

Bench: Ravindra Maithani, Alok Kumar Verma

 HIGH COURT OF UTTARAKHAND AT NAINITAL
      IA No. 5484 of 2023 (Second Bail Application)
                           In
             Criminal Appeal No. 252 of 2017

 Mohan Ram                                       ........Appellant

                              Versus

 State of Uttarakhand                          ........Respondent
 Present:-
       Mr. Abhijay Negi, Amicus Curiae for the appellant.
       Mr. K.S. Bora, Deputy Advocate General for the State.



 Coram:      Hon'ble Ravindra Maithani, J.

Hon'ble Alok Kumar Verma, J.

Hon'ble Ravindra Maithani, J. (Oral)

Instant criminal appeal is preferred against the

judgment and order dated 25.05.2017 passed in Special

Sessions Trial No. 01 of 2017, State of Uttarakhand v.

Mohan Ram, by the court of Special Judge, Bageshwar, by

which the appellant has been convicted under Sections

Section 342 IPC and Section 6 of the Protection of Children

from Sexual Offences Act, 2012 ("the Act"). He has been

sentenced to six months' imprisonment under Section 342

IPC and rigorous imprisonment for a period of 12 years with

a fine of Rs. 10,000/- under Section 6 of the Act. The

appellant seeks bail.

2. This is second bail application of the appellant.

His first bail application has been rejected by this Court on

merit on 17.08.2021.

3. Heard learned counsel for the parties on the bail

application and perused the record.

4. Learned Amicus Curiae would submit that the

appellant is in jail since 2016; for a brief period of three

weeks, he was granted short term bail on the ground of

wedding in his family; he is in jail for more than eight years;

there are no chances of this appeal being heard in near

future, therefore, the appellant may be enlarged on bail.

5. The factual narrations as made by the learned

Amicus Curiae have not been disputed by the learned State

Counsel.

6. In the instant case, as stated, the first bail

application has been rejected on merit.

7. Right to speedy trial and expeditious disposal of

appeals are, in fact, essential attributes of fair dispensation

of justice. In the instant matter, the appellant has been

sentenced to 12 years of rigorous imprisonment. He is in

custody for more than eight years. There are less chances of

early hearing of the appeal. Therefore, this Court is of the

view that the appellant may be enlarged on bail.

8. Consequently, the second bail application (IA No.

5484 of 2023) is allowed.

9. Let the appellant be released on bail, on his

executing a personal bond and furnishing two reliable

sureties, each of the like amount, to the satisfaction of the

court concerned.

10. List the appeal for hearing as per roster.

(Alok Kumar Verma, J.) (Ravindra Maithani, J) 14.02.2025 Avneet/