Tribhuvan Singh ........Appellant/ vs State Of Uttarakhand
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Uttarakhand High Court

Tribhuvan Singh ........Appellant/ vs State Of Uttarakhand on 3 March, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL

             Bail Application (IA) No.01 of 2025
                              In
              Criminal Appeal No. 111 of 2025

Tribhuvan Singh                               ........Appellant/Applicant

                                      Vs.

State of Uttarakhand                                 ........... Respondent

Present : Mr. Pritish Arya, Advocate for the appellant/applicant.
           Mr. Virendra Singh Rawat, AGA for the State.


Hon'ble Ravindra Maithani, J. (Oral)

Instant appeal is preferred against the

judgment and order dated 12.02.2025, recorded in

Special Sessions Trial No.07 of 2023, State of

Uttarakhand vs. Tribhuvan Singh, by the court of Special

Sessions Judge (SC/ST), Pithoragarh. By the impugned

judgment and order, the appellant has been convicted

and sentenced under Sections 323 and 354 IPC. The

appellant has preferred the bail application.

2. Learned counsel for the appellant would

submit that the conviction and sentence of the appellant

under Section 354 IPC is bad because even victim has not

stated about any act, which may attract the provisions of

Section 354 IPC. He would refer to the statement of the

victim, as recorded in the impugned judgment and order.

3. Admit.

4. Call for the LCR.

5. List for final hearing on 04.06.2025.

6. Heard on Bail Application (IA) No.01 of 2025.

7. It is a case of conviction under Sections 323

and 354 IPC. What is argued is that, no offence under

Section 354 IPC is made out. Even the victim has not

stated so. This Court has perused the statement of the

victim, as recorded in the impugned judgment.

8. Learned counsel for the appellant also

submitted that the appellant was on bail during trial and

he is on interim bail.

9. 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.

10. The bail application is allowed.

11. The execution of sentence, which is under

challenge in this appeal shall remain suspended during

the pendency of the appeal.

12. 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.

13. List on the date fixed.

(Ravindra Maithani, J.) 03.03.2025 Sanjay