Yogesh Kumar Gautam vs State Of Uttarakhand
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Uttarakhand High Court

Yogesh Kumar Gautam vs State Of Uttarakhand on 19 February, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
           Bail Application No. 01 of 2024
                          In
           Criminal Appeal No. 719 of 2024

Yogesh Kumar Gautam                               ......Appellant

                             Versus


State of Uttarakhand                             ....Respondent



Present:
           Mr. Gaurav Singh, Advocate for the appellant.
           Mr. Siddharth Bisht, A.G.A for the State.



Hon'ble Ravindra Maithani, J.(Oral)

Instant appeal is preferred against the judgment

and order dated 19/20.11.2024 passed in Sessions Trial

No. 75 of 2023, State of Uttarakhand Vs. Yogesh Kumar

Gautam, by the court of FTSC/Additional Sessions Judge,

Roorkee, District Haridwar. By it, the appellant has been

convicted under Sections 376 IPC and sentenced to undergo

rigorous imprisonment for a period of seven year with a fine

of Rs.10,000/-. In default of payment of fine, to undergo

simple imprisonment for a further period of one year. The

appellant has sought bail in this appeal.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR lodged by PW2, the victim,

she and the appellant were engaged. Their marriage was

fixed. After engagement, the appellant called the victim at

some place and spiked the drinks and established physical

relation with her. He also told that since they are to marry

very soon, there is nothing wrong with it. Subsequently,

their marriage could not be solemnized and FIR has been

lodged.

4. Learned counsel for the appellant would submit

that the appellant was always ready and willing to marry

the victim, but she was in relationship with some other

person "A". "A" sent the photographs of the victim with him

and the dispute arose and marriage did not take place. He

would refer to the statement of PW1, the father of the victim

and the statement of PW2, the victim to indicate as to how

it has been admitted by the witnesses. Learned counsel for

the appellant would also submit that the offence has been

compounded by the parties now.

5. Learned State counsel would submit that the

victim has supported the prosecution case in her

examination.

6. This Court refrains to discuss the material at this

stage in the appeal.

7. Having considered the nature of offence and

other attending factors, this Court is of the view it is a case

in which the execution of sentence should be suspended

and the appellant be enlarged on bail.

8. The bail application is allowed.

9. The sentence appealed against is suspended

during the pendency of the appeal.

10. 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.

11. List this matter on 15.05.2025.

(Ravindra Maithani, J.) 19.02.2025 Jitendra