Uttarakhand High Court

CRJA/88/2024 on 14 July, 2025

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                               CRJA No.88 of 2024
                               Hon'ble Ashish Naithani, J.

1. Mr. Priyanshu Gairola learned Amicus Curiae and Ms. Sangeeta Adhikari Patni, learned counsel for the Appellant.

2. Mr. Rakesh Negi, learned Brief Holder for the State.

3. This is a Jail appeal against the judgment and order dated 01.10.2024 passed by learned Additional District Judge/F.T.S.C, Udham Singh Nagar in Special Sessions Trial No.313 of 2020, P.S. Pantnagar, District Udham Singh Nagar. By the said judgment appellant has been convicted for the offence under Sections 354, 354(a) of IPC and Section 10 of POCSO Act. For the offence under Section 354 of IPC, rigorous imprisonment of five years alongwith fine of Rs.5,000/- has been imposed and in default of payment of fine six months' additional imprisonment and for the offence under Section 10 of POCSO Act, rigorous imprisonment of five years alongwith fine of Rs.5,000/- and in default of payment of fine two months' additional imprisonment has been imposed.

4. Learned counsel for the applicant submits that the entire prosecution story is concocted and is highly unbelievable; there is contradiction in the statements of the witnesses; no identification parade of the applicant was ever conducted by the police. He submits that victim never identified the accused and the conviction was based upon the information given by the uncle of the victim. He further submits that the accused/applicant had a limp in his leg and was not able to run properly.

5. Learned State counsel strongly opposed the bail application and submits that applicant has committed very serious crime, which is against the society, hence he is not entitled to be released on bail.

6. The bail application is allowed. Let the applicant-Aaftab alias Afjal, be released on bail, subject to the condition of his furnishing a personal bond with two reliable sureties, each of the like amount, to the satisfaction of the Magistrate concerned.

7. List this appeal on 25.08.2025.

(Ashish Naithani, J.) 14.07.2025 Arti