Citation : 2025 Latest Caselaw 2485 UK
Judgement Date : 25 March, 2025
HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application No. 01 of 2025
In
Criminal Appeal No.146 of 2025
Indrajeet ......Appellant
Versus
State of Uttarakhand ....Respondent
Present:
Mr. Deepak Sharma, Advocate for the appellant through
video conferencing.
Mr. V.S. Rawat, A.G.A. for the State.
Hon'ble Ravindra Maithani, J.(Oral)
Instant appeal is preferred against the judgment
and order dated 29/30.01.2025, passed in Special Sessions
Trial No. 12 of 2021, State of Uttarakhand Vs. Indrajeet, by
the court of Special Judge (POCSO)/Additional District and
Sessions Judge, Dehradun. By it, the appellant has been
acquitted of the charge under Section 366A, 376 IPC and
Section 3/4 of the Protection of Children From Sexual
Offences Act, 2012. The appellant has been convicted under
363 IPC and sentenced to undergo rigorous imprisonment
for a period of three years with a fine of Rs.10,000/-. In
default of payment of fine, to undergo simple imprisonment
for a further period of one month. The appellant seeks bail
in this appeal.
2. Heard learned counsel for the parties and
perused the record.
3. Admit.
4. LCR has already been received.
5. Paper book has already been prepared.
6. List on 03.07.2025 for final hearing.
Heard on Bail Application No. 1 of 2025
7. Learned counsel for the appellant would submit
that the appellant was on bail during trial. He is still on
interim bail. It is argued that the victim is a girl of mature
understanding. She on her own left the company of her
parents and joined the company of the appellant as per her
statement.
8. Having considered, without adverting much on
merits, this Court is of the view it is a case in which the
execution of sentence should be suspended and the
appellant be enlarged on bail.
9. The bail application is allowed.
10. The sentence appealed against is suspended
during the pendency of the appeal.
11. 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.
(Ravindra Maithani, J.) 25.03.2025 Jitendra
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