Juhaib ........Appellant/ vs State Of Uttarakhand
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Uttarakhand High Court

Juhaib ........Appellant/ vs State Of Uttarakhand on 1 May, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL

          Bail Application (IA) No.01 of 2025
                           In
           Criminal Appeal No. 45 of 2025
Juhaib                                   ........Appellant/Applicant
                                   Vs.
State of Uttarakhand                            ........... Respondent
Present   :     Mr.       Amish      Tewari,     Advocate     for      the
               appellant/applicant.
                Mr. Virendra Singh Rawat, AGA with Mr. Pramod Tiwari, Brief
               Holder for the State.


Hon'ble Ravindra Maithani, J. (Oral)

The appellant has challenged his conviction

and sentenced Under Section 13(c)/14 of the Protection of

Children from Sexual Offences Act, 2012 ("the Act"),

recorded on 09.01.2025 in Special Sessions Trial No.113

of 2023, State of Uttarakhand vs. Juhaib, by the court of

FTSC/Additional Sessions Judge, Roorkee, District

Haridwar. By it, the appellant has been convicted under

Section 13(c) read with 14 of the Act. He has been

sentenced to undergo five years rigorous imprisonment

with a fine of Rs.10,000/- and in default of payment of

fine, to undergo additional simple imprisonment for a

period of one year. He seeks bail.

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

3. According to the FIR, the appellant has been

raping the victim, a young girl and has been blackmailing

her by showing obscene video.

4. Learned counsel for the appellant would

submit that PW1, the father of the victim, PW2, the victim

and PW6, the mother of the victim have not supported the

prosecution case; merely based on the retrieval of some

obscene photographs of the victim from the mobile phone

of the applicant, he has been convicted under Section

13(c) r/w 14 of the Act. He would submit that the

impugned judgment itself record that the victim was in

relationship with the appellant and the victim forwarded

her photographs and videos to the appellant. It is

submitted that it does not make out the case under

Section 13(c) r/w 14 of the Act because the provisions of

Section 13(c) will only come in use when the child is used

for the purpose of pornography, it is not the case. He

would submit that a mobile phone was recovered from the

applicant, which had the obscene photographs of the

victim.

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.

9. List in due course.

(Ravindra Maithani, J.) 01.05.2025 Sanjay