Vinod Kumar ........Appellant/ vs State Of Uttarakhand
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Uttarakhand High Court

Vinod Kumar ........Appellant/ vs State Of Uttarakhand on 5 June, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

      HIGH COURT OF UTTARAKHAND AT NAINITAL

                     Bail Application (IA) No.01 of 2023
                                      In
                      Criminal Appeal No.278 of 2023

Vinod Kumar                                        ........Appellant/Applicant
                                         Vs.
State of Uttarakhand                                         ........... Respondent
Present :   Mr. M.K. Ray, Advocate for the appellant/applicant.
            Ms. Manisha Singh Rana, Deputy Advocate General for the State.


Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this appeal is made to the judgment

and order dated 12.04.2023/18.04.2023, passed in Special

Sessions Trial No.736 of 2018, State of Uttarakhand Vs. Vinod

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

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

been convicted under Sections 376(2), 452 IPC and Section 6 of the

Protection of Children from Sexual Offences Act, 2012 and

sentenced under Sections 376(2), 452 IPC.

2. Heard on Bail Application (IA) No.1 of 2023.

3. Learned counsel for the appellant would submit that

since his arrest on 30.06.2018, the appellant has been in judicial

custody; he is in custody for almost 07 years; he has been awarded

10 years sentence; there are less chances of the appeal being heard

in the near future. Therefore, it is case fit for bail.

4. Learned State Counsel admits the factual aspects.

5. Having considered, this Court is of the view that it is a

case in which the execution of sentence should be suspended and

the applicant/appellant be enlarged on bail.

6. The bail application is allowed.

7. The execution of sentence, which is under challenge in

this appeal shall remain suspended during the pendency of the

appeal.

8. Let the applicant/appellant be released on bail, during

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.

(Ravindra Maithani, J.) 05.06.2025 Sanjay