Pradeep Kumar Naudiyal vs State Of Uttarakhand
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Uttarakhand High Court

Pradeep Kumar Naudiyal vs State Of Uttarakhand on 1 May, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

 HIGH COURT OF UTTARAKHAND AT NAINITAL
                     IA No. 1 of 2024 (Bail Application)
                                    With
                 IA No. 2 of 2024 (Exemption Application)
                                  In
                    Criminal Appeal No. 270 of 2024

 Pradeep Kumar Naudiyal                                        ........Appellant

                                     Versus

 State of Uttarakhand                                       ........Respondent

 Present:-
        Mr. Shariq Khurshid, Advocate for the appellant.
        Mr. Pramod Tiwari, Brief Holder for the State.

 Hon'ble Ravindra Maithani, J.

Instant criminal appeal is preferred against the judgment

and order 01.04.2024/02.04.2024 passed in Special Sessions Trial No.

29 of 2022, State v. Pradeep Kumar Naudiyal, by the court of Sessions

Judge/Special Judge, (POCSO Act), Pauri Garhwal. By it, the appellant

has been convicted under Section 354A IPC and Section 9(e)/10 of the

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

sentenced as hereunder:-

(i) Under Section 354A IPC - rigorous

imprisonment for a period of three years and

a fine of Rs. 5,000/-. In default of payment of

fine, to undergo additional rigorous

imprisonment for a period of two months.

(ii) Under Section 9(e)/10 of the Act - rigorous

imprisonment for a period of five years and a

fine of Rs. 5,000/-. In default of payment of

fine, to undergo additional rigorous

imprisonment for a period of two months.

2. The appellant seeks bail during the pendency of the trial.

3. The appeal is already admitted.

4. Heard learned counsel for the parties on the bail

application and perused the record.

5. Learned counsel for the appellant would submit that the

appellant has been sentenced to five years of imprisonment; he has

already undergone more than half of the sentence; there are less

chances of the appeal being heard in near future.

6. These factual narrations are not disputed by the learned

State Counsel.

7. 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.

8. The bail application is allowed.

9. The execution of sentence appealed against is suspended

during the pendency of the appeal.

10. Let 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.

11. List the criminal appeal for final hearing in due course.

(Ravindra Maithani, J) 01.05.2025 Avneet/