Mukesh Alias Bhola vs State Of Uttarakhand
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Uttarakhand High Court

Mukesh Alias Bhola vs State Of Uttarakhand on 27 February, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL
           Bail Application No. 01 of 2025
                          In
           Criminal Appeal No. 101 of 2025

Mukesh alias Bhola                                ......Appellant

                            Versus


State of Uttarakhand                            ....Respondent



Present:
           Ms. Unnati Pant, Advocate for the appellant.
           Ms. Manisha Rana Singh, D.A.G. for the State.



Hon'ble Ravindra Maithani, J.(Oral)

Instant appeal is preferred against the judgment

and order dated 28.01.2025 passed in Special Sessions

Trial No. 242 of 2020, State of Uttarakhand Vs. Mukesh @

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

Rudrapur, District Udham Singh Nagar. By it, the appellant

has been convicted under Sections 457 IPC and Section 8 of

the Protection of Children From Sexual Offences Act, 2012

("the Act") and sentenced as hereunder:-

(i) Under Section 457 IPC - to undergo rigorous

imprisonment for a period of three years

with a fine of Rs.5,000/-. In default of

payment of fine, to undergo imprisonment

for a further period of six months.

(ii) Under Section 8 of the Act- to undergo

rigorous imprisonment for a period of three

years with a fine of Rs.5,000/-. In default of

payment of fine, to undergo imprisonment

for a further period of two months.

The appellant has sought bail in this appeal.

2. Heard learned counsel for the parties and

perused the record.

3. Admit.

4. Call for the LCR.

5. List on 26.06.2025 for final hearing.

Heard on Bail Application No. 1 of 2025

6. According to the prosecution, the appellant in the

midnight entered into the house of the victim and tried to

sexually assault her.

7. Learned counsel for the appellant would submit

that the appellant was on bail during trial. He was on

interim bail. There are lot of contradictions in the statement

of victim. The FIR is much delayed.

8. 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.

9. The bail application is allowed.

10. The sentence appealed against is suspended

during the pendency of the appeal.

11. 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.

12. List this matter on 19.06.2025 for final hearing.

(Ravindra Maithani, J.) 27.02.2025 Jitendra