CRLA/303/2024
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Uttarakhand High Court

CRLA/303/2024 on 17 February, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                             COURT'S OR JUDGES'S ORDERS
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             Registrar's order with
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                                      CRLA No. 303 of 2024


                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Pankaj Semwal, learned counsel for the appellant.

2. Mr. V.S. Pal, learned A.G.A. with Mr. Rakesh Negi, learned Brief Holder for the State.

3. The instant criminal appeal was admitted on 24.06.2024 and the Trial Court record was summoned and received. Paper book is also prepared and supplied to the learned counsel for the parties.

4. The present appellant was convicted by the Special Sessions Judge (POCSO) District Pithoragarh in Special Sessions Trial No. 05/2022 for the offence punishable under Section 363, 366 and 376(2)(n) of IPC with the maximum sentence of 10 years R.I. and a fine of Rs. 50,000/-.

5. Heard on bail application.

6. Learned counsel for the appellant submits that during trial the appellant was on bail and he never misused the same, however after conviction pursuant to the judgment dated 06.03.2024 the appellant is in jail.

7. Apart from this, learned counsel for the appellant submits that the conviction is bad since the prosecution could not prove the case and prosecutrix victim denied the prosecution case on her statement recorded under Section 164 Cr.P.C.

8. Apart from this, learned counsel for the appellant submits that the appellant have no previous criminal history.

9. On the other side, learned A.G.A. Mr. V.S. Pal submits that after dealing with the evidence the Trial Court rightly convicted the appellant, however, he has not disputed this fact that appellant was on bail during trial and never misused the same.

10. After hearing the learned counsel for the appellant and after taking into consideration the appellant was on bail during trial and he never misused the same, this court is of the view that the appellant deserves for bail. Accordingly, the bail application is allowed.

11. Let the appellant-"Saurabh Purohit" be released on bail during the pendency of the instant criminal appeal on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the Court concerned. Realisation of fine shall also remain suspended.

12. List this matter for final hearing in the last week of September, 2025.

(Rakesh Thapliyal, J.) 17.02.2025 PR