Shiva vs State Of Uttarakhand
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Uttarakhand High Court

Shiva vs State Of Uttarakhand on 7 May, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

  IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

              Criminal Appeal No. 260 of 2025
                               With
                IA No.1 of 2025 For Bail Application


Shiva                                                          ...... Appellant

                                    Vs.

State of Uttarakhand                                      ..... Respondent

Present:
Mr. Ankur Sharma, Advocate for the appellant.
Ms. Manisha Rana Singh, D.A.G. for the State of Uttarakhand.



Hon'ble Ravindra Maithani, J. (Oral)

The instant appeal has been preferred against

judgment and order dated 27.03.2025, passed in Special Sessions

Trial No.170 of 2023, State Vs. Shiva, by the court of Special

Judge (POCSO)/ Additional Sessions Judge, Dehradun. By it, the

appellant has been convicted under Section 354D IPC and Section

8 of the Protection of Children from Sexual Offences Act, 2012.

2. Heard.

3. Admit.

4. LCR has already been received.

5. Let paper book be provided to learned counsel for

the parties, as per rules.

6. List thereafter for final hearing.

7. Heard on Bail Application (IA) No.1 of 2025.

8. It is argued by learned counsel for the appellant

that the appellant was on bail during trial; the appellant had

never misused the bail; the appellant is on interim bail; it is a

case of false implication.

9. Learned State Counsel admits that the appellant

was on bail during trial.

10. Having considered, this Court is of the view that it is

a case in which the execution of sentence should be suspended

and the appellant be enlarged on bail.

11. The bail application is allowed.

12. The sentence appealed against is suspended during

the pendency of the appeal.

13. 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.) 07.05.2025

Ravi Bisht