Uttarakhand High Court

CRLA/272/2018 on 7 May, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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                                      Bail Application No. 1 of 2024
                                      In
                                      CRLA No. 272 of 2018
                                      Hon'ble Rakesh Thapliyal, J.

1. Ms. Abhilasha Tomar, learned Amicus Curiae for the appellant.

2. Mr. Sandeep Sharma, learned Assistant Government Advocate for the State.

3. The instant appeal has been preferred by the present appellant "Naseem Akhtar" who has been convicted by the Special Judge, Pauri Garhwal, in Special Session Trial No. 30 of 2017 by judgment and order dated 19.07.2018 for the offence punishable under Section 5 / 6 of the POCSO Act with the sentence of 10 years rigorous imprisonment and fine of Rs. 5,000/- and in default of payment of fine, to undergo additional rigorous imprisonment of six month and appellant was acquitted of the offence punishable under Section 376 IPC.

4. This is an admitted appeal, admitted on 20.08.2018 and trial court record were summoned and received. Paper book was prepared and already supplied to the learned counsel for the parties.

5. Heard on bail application.

6. Learned counsel for the appellant submits that appellant was arrested on 01.10.2017 and he was never enlarged on bail and he is in long incarceration and has served more than half of the sentence i.e. seven years five months.

7. Learned State Counsel has not disputed this fact that appellant has already served 7 years 5 months in jail and appellant is in long incarceration.

8. After hearing learned counsel for the parties, this Court is of the view that since the appellant has already served more than half of the sentence i.e. about 7 years 5 month and maximum sentence awarded by the trial court is 10 years, therefore, this Court is of the view that appellant deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed.

9. Let appellant "Naseem Akhtar" be released on bail, during the pendency of the instant appeal, on furnishing a personal bond and two sureties each of the like amount, to the satisfaction of the court concerned. Realization of the fine imposed by the trial court shall also remain suspended.

10. List for final hearing in November, 2025.

(Rakesh Thapliyal, J.) 07.05.2025 SKS