Citation : 2025 Latest Caselaw 833 UK
Judgement Date : 10 July, 2025
HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No. 4 of 2025 (Third Bail Application)
In
Criminal Appeal No. 421 of 2021
Rohit ........Appellant
Versus
The State of Uttarakhand .......Respondent
Present:-
Mr. Prince Chauhan, Advocate for the Advocate.
Mr. Vijay Khanduri, Brief Holder for the State.
Hon'ble Ravindra Maithani, J.
Instant criminal appeal has been preferred against the
judgment and order 25.10.2021 passed in Special Sessions Trial No.
34 of 2010, State v. Rohit, by the court of Fast Track Court/Special
Judge (POCSO)/Additional District and Sessions Judge, Dehradun, by
which the appellant has been convicted under Section 4 of the
Protection of Children from Sexual Offences Act, 2012 and sentenced
to rigorous imprisonment for a period of 8 years and a fine of
Rs. 30,000/-, and in default of payment of fine to undergo further
rigorous imprisonment for a period of two months.
2. This is an admitted appeal. The appellant has sought his
release on bail during pendency of the appeal.
3. This is third bail application of the appellant. His first
two bail applications have already been rejected on 30.03.2022 and
10.01.2024, respectively.
4. Heard learned counsel for the parties on third bail
application and perused the record.
5. Learned counsel for the appellant submits that the
appellant has been sentenced to eight years of imprisonment; he has
already undergone more than half of the sentence; there are less
chances of the appeal being heard in near future.
6. These factual narrations are not disputed by the learned
State Counsel.
7. Having considered, this Court is of the view that 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 execution of sentence appealed against is suspended
during the pendency of the appeal.
10. 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.
11. List the criminal appeal for final hearing in due course.
(Ravindra Maithani, J) 10.07.2025 Avneet/
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