CRLA/233/2025
2025 Latest Caselaw 5527 UK

Uttarakhand High Court

CRLA/233/2025 on 15 November, 2025

               Office Notes,
              reports, orders
SL.          or proceedings or
      Date                                             COURT'S OR JUDGES'S ORDERS
No            directions and
             Registrar's order
              with Signatures
                                 IA No.01 of 2025 (Bail Application)
                                 In
                                 CRLA No. 233 of 2025
                                 Hon'ble Ashish Naithani, J.

Mr. Amit Kapri, learned counsel for the Appellant/convict.

2. Mr. Pradeep Lohani along with Ms. Meenakshi Sharma, learned Brief Holders for the State.

3. This criminal appeal under Section 415 of BNSS is filed by the Appellant/convict against the judgment and order dated 11.03.2025 passed by learned Special Judge (POCSO), Pithoragarh in S.T. No.17 of 2024 (Case Crime Number 01/2024), "State vs. Madho Ram @ Madan Ram", punishable for the offence under Section 452 of IPC and Section 7 read with Section 8 of POCSO Act and under Section 11 (vi) read with Section 12 of the POCSO Act, Police Station Kanalichina, District Pithoragarh, whereby the Appellant/convict has been convicted under Section 452 of IPC to undergo for a period of five years rigorous imprisonment along with a fine of Rs.10,000/- and in default of fine, he shall further undergo for a period of one year simple imprisonment, under Section 7 read with 8 of POCSO Act to undergo for a period of five years simple imprisonment with a fine of Rs.10,000/- and in default of fine, shall be further undergo for a period of one year additional simple imprisonment, under Section 11(vi) read with 12 of POCSO Act to undergo for a period of three years simple imprisonment and a fine of Rs.10,000/- and in default of fine, he shall further undergo for a period of six month additional simple imprisonment, all the sentences run concurrently.

4. Learned counsel for the Appellant/convict submits that the allegations levelled in the report do not corroborate by the witnesses even the victim also, but the learned trial court failed to consider the same.

5. Learned counsel for the Appellant/convict further submits that the Appellant/convict was on bail during trial and he never misused the bail granted to him.

6. Learned State counsel vehemently opposed the bail application, however, admitted that the Appellant/convict was on bail during trial and never misused the bail granted to him.

7. Having considered the submissions of learned counsel for the parties but without expressing any opinion about the final merits of the case, the Appellant/convict is admitted to bail on furnishing a personal bond and two reliable sureties, each of the like amount to the satisfaction of the court concerned.

8. Bail Application stands allowed.

9. List this matter on 10.01.2026.

(Ashish Naithani, J.) 15.11.2025 Akash