Ravi Kumar vs State Of Uttarakhand
2025 Latest Caselaw 2796 UK

Uttarakhand High Court

Ravi Kumar vs State Of Uttarakhand on 23 May, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

  IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

               Criminal Appeal No. 324 of 2025
                               With
                IA No.1 of 2025 For Bail Application


Ravi Kumar                                              ...... Appellant

                                     Vs.

State of Uttarakhand                                   ..... Respondent

Present:
Mr. Prince Chauhan, Advocate for the appellant.
Mr. V.S. Rawat, A.G.A. for the State of Uttarakhand.



Hon'ble Ravindra Maithani, J. (Oral)

The instant appeal has been preferred against

judgment and order dated 06.05.2025, passed in Special Sessions

Trial No.63 of 2019, State of Uttarakhand Vs. Ravi Kumar, by the

court of Special Judge (POCSO)/Additional District Judge,

Dehradun. By it, the appellant has been convicted and sentenced

under Section 363 IPC.

2. Heard.

3. Admit.

4. Call for the LCR.

5. Once LCR is received, 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. Learned counsel for the appellant would submit

that according to the victim, she herself joined the company of the

appellant.

9. According to the prosecution case, the victim, a

young girl was found missing from her house on 24.02.2019.

Subsequently, in the instant matter, chargesheet was submitted

against the appellant under Sections 109 IPC, read with Section

363, 366A, 376 IPC, and Section 17 read with Section ¾ of the

Protection of Children from Sexual Offences Act, 2012 ("the Act").

After trial, the appellant has been acquitted of the charge under

Section 366A, 376 IPC and Section 4 of the Act. But he has been

convicted under Section 363 IPC and sentenced to rigorous

imprisonment for a period of 3 years along with a fine of

Rs.10,000/-.

10. Learned State Counsel would submit that the

victim has supported the prosecution case in her statement

recorded under Section 164 of the Code of Criminal Procedure,

1973.

11. 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.

12. The bail application is allowed.

13. The sentence appealed against is suspended during

the pendency of the appeal.

14. 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.) 23.05.2025

Ravi Bisht