CRLA/17/2025
2025 Latest Caselaw 4999 UK

Uttarakhand High Court

CRLA/17/2025 on 17 October, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                     Office Notes, reports,
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      17.10.2025
                                                Short Term Bail Application No. IA/3/2025
                                                In
                                                CRLA No. 17 of 2025
                                                Hon'ble Manoj Kumar Tiwari, J.

Mr. Vikas Anand and Ms. Gyan Mati Kushwaha, Advocates for the appellant/applicant.

Mr. K.S. Bora, Deputy Advocate General with Mr. J.P. Kandpal, Brief Holder for the State.

2. Appellant/applicant is undergoing sentence for the offence punishable under Section 452 IPC and Section 6/18 of the Protection of Children from Sexual Offences Act, 2012. He was convicted by learned FTC/Additional Sessions Judge/Special Judge (POCSO), Rudrapur, District Nainital in Special Sessions Trial No. 360 of 2022 vide judgment dated 12.12.2024.

3. Today, the matter is listed on a Short Term Bail Application.

4. Learned counsel for the appellant/applicant submits that appellant's son-Mankirat Singh, aged about 7 years, has developed some complications in both eyes and Doctors in Government Hospital at Kashipur, District Udham Singh Nagar have referred him to higher centre for surgery. He submits that if surgery is not immediately done, it may permanently damage the eyes of appellant's son.

5. The O.P.D slip of LD Bhatt Government Hospital, Kashipur has been enclosed with the Short Term Bail Application.

6. Learned counsel for the appellant further submits that appellant was sentenced for five years, out of which he has undergone 16 months; he was on bail during trial and never misused the liberty granted to him.

7. Learned State Counsel submits that having regard to the medical complication suffered by appellant's son, he can be granted sought short term bail for reasonable time, to enable the appellant to get his son treated.

8. Having regard to the facts and circumstances of the case, this Court inclined to grant short term bail to the appellant for a period of four weeks.

9. Accordingly, Short Term Bail Application is allowed. Let the appellant-Buta Singh @ Rajat Singh be enlarged on short term bail only for a period of four weeks from the date of his release, on his executing personal bond with two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.

10. Needless to say that immediately after expiry of four weeks, appellant/applicant shall surrender before the Superintendent of the Jail concerned.

11. List on 20.11.2025.

2.

(Manoj Kumar Tiwari, J.) 17.10.2025 Mahinder/