Ajay Tamta ........Appellant/ vs State Of Uttarakhand
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Uttarakhand High Court

Ajay Tamta ........Appellant/ vs State Of Uttarakhand on 7 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. 121 of 2025

Ajay Tamta                                  ........Appellant/Applicant

                                     Vs.

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

Present : Mr. Mani Kumar, 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 04.02.2025, recorded in

Sessions Trial No.12 of 2022, State of Uttarakhand vs.

Dinesh Chaurakoti and another, by the court of Sessions

Judge, Champawat. By the impugned judgment and

order, the appellant has been convicted and sentenced

under Section 67 of Information Technology Act, 2000.

The appellant has preferred the bail application.

2. Learned counsel for the appellant would

submit that.

3. Admit.

4. Call for the LCR. Once LCR is received, let

paper-book be prepared and provided it to the learned

counsel for the parties, as per Rules.

5. List thereafter.

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

7. The appellant is convicted for the offence under

Section 67 of Information Technology Act, 2000 and has

been sentenced to undergo three years simple

imprisonment with a fine of Rs.25,000/- and in default of

payment of fine, to undergo additional simple

imprisonment for a period of six months.

8. It is the prosecution case that the co-convict

did oral sex with a woman of unsound mind. Some person

made a video of 09 Seconds of it, which was forwarded to

the appellant and appellant had shown it to one Vakil

Rehman.

9. Learned counsel for the appellant would

submit that there is no electronic evidence to establish

the guilt; the appellant has been on bail during trial and

he is on interim bail today.

10. Learned State counsel would submit that a

video was shown by the appellant to PW5 Vakil Rehman.

11. 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.

12. The bail application is allowed.

13. The execution of sentence, which is under

challenge in this appeal shall remain suspended during

the pendency of the appeal.

14. 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.) 07.03.2025 Sanjay