CRLA/538/2022
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Uttarakhand High Court

CRLA/538/2022 on 25 March, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

             Office Notes, reports,
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                                      IA 4/2025 (For Third Bail Application)
                                      In
                                      CRLA No. 538 of 2022


                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. V.K. Kaparuwan and Mr. Kaushal Pandey, learned counsel for the appellant.

2. Mr. Pankaj Joshi, learned A.G.A. with Mr. Sandeep Sharma, learned Brief Holder for the State.

3. This is an admitted appeal, admitted on 20.12.2022. Trial Court record were summoned and received and the paper book is also prepared and supplied to the learned counsel for the parties.

4. The present appellant was convicted by the judgment and order dated 30.11.2022 by the court of Special Session Judge, Bageshwar, in Special Session Trial No. 37 of 2021 for the offences punishable under Sections 363, 366A, 376 IPC r/w Section ¾ of POCSO Act with the sentence of ten years rigorous imprisonment and a fine of Rs. 1,000/-.

5. The First Bail Application was rejected on merit by the Coordinate Bench of this court on 11.07.2023, thereafter the Second Bail Application was moved but the same was converted to Short Term Bail since the father of the appellant was died and the short term bail was granted for the period of two months on 20.11.2024. Now, the third bail application has been moved on the ground of long incarceration.

6. Learned counsel for the appellant submits that the appellant was arrested in the said crime on 09.05.2021 and he was not on bail during trial and since then he is in jail, however, only for short duration of two months this court granted short term bail on 20.11.2024. He submits that as per the custody certificate as on 04.03.2025 the present appellant already served 4 years 3 days with remission and 3 years 7 months 26 days without remission.

7. Learned State counsel have not disputed this fact that as per the custody certificate the present appellant already served more than 4 years with remission as on 04.03.2025.

8. After hearing the arguments of learned counsel for the parties and further taking into consideration that the appellant is in long incarceration since he has already served more than 4 years in the custody as per the custody certificate dated 04.03.2025 issued by Jail Superintendent, Sampurnanand Shivir, Central Jail, Sitarganj, this court is of the view that the appellant deserves for bail during the pendency of present bail.

9. Let the appellant 'Sagar Kumar' be released on bail during the pendency of the instant criminal appeal on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. Realisation of fine and sentence shall also remain suspended.

10. List this appeal for final hearing in due course.

(Rakesh Thapliyal, J.) 25.03.2025 PR