Ankit ........Appellant/ vs State Of Uttarakhand
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Uttarakhand High Court

Ankit ........Appellant/ vs State Of Uttarakhand on 30 October, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL

                Bail Application (IA) No.01 of 2023
                                   In
                 Criminal Appeal No. 268 of 2025

Ankit                                       ........Appellant/Applicant
                                 Vs.
State of Uttarakhand                               ........... Respondent
Present : Mr. Vinod Chandra, Advocate holding brief of Ms. Neetu Singh,
          Advocate for the appellant/applicant.
          Mr. Siddharth Bisht, AGA for the State.


Hon'ble Ravindra Maithani, J. (Oral)

Instant appeal is preferred against the judgment and

order dated 28.03.2025, passed in Special Sessions Trial No.44 of

2023, State of Uttarakhand vs. Ankit, by the court of

FTSC/Additional Sessions Judge, Roorkee, District Haridwar. By it,

the appellant has been convicted and sentenced under Sections

376(2)(n), 506 IPC and Sections 5(l)/6 of the Protection of Children

from Sexual Offences Act, 2012. The appellant seeks bail during

pendency of the appeal.

2. Heard on Bail Application (IA) No.01 of 2025.

3. According to the prosecution case, the appellant was

married, but he introduced himself as bachelor and befriended the

victim; he established physical relations with the victim under the

assurance of marriage.

4. Learned counsel for the appellant would submit that,

in fact, the prosecution case is false; the victim had the full

knowledge that the applicant is married; she willingly talked to the

applicant; their relationship was consensual; the victim never

visited the hotel on 01.01.2023, where it was alleged that the victim

was raped; there is no entry of the victim in the hotel record, even

the hotel record is manipulated.

5. Learned State Counsel would submit that the

prosecution has been able to prove its case beyond reasonable

doubt; he has fairly concedes that, in fact, initially the appellant

and the victim, both were in relationship and they were talking to

each other.

6. Without further scrutinizing the evidence, having

considered the entirety of facts, this Court is of the view that it is a

case in which the execution of sentence should be suspended and

the applicant/appellant be enlarged on bail.

7. The bail application is allowed.

8. The execution of sentence, which is under challenge in

this appeal shall remain suspended during the pendency of the

appeal.

9. Let the applicant/appellant be released on bail, during

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.

10. List in due course.

(Ravindra Maithani, J.) 30.10.2025 Sanjay