Farman Alias Chand Raja Bhura vs State Of Uttarakhand
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Uttarakhand High Court

Farman Alias Chand Raja Bhura vs State Of Uttarakhand on 3 September, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

               IA No.1 of 2022 For Bail Application
                                In
              Criminal Appeal No. 495 of 2022

Farman Alias Chand Raja Bhura                              ...... Appellant

                                   Vs.

State of Uttarakhand                                    ..... Respondent

Present:
Ms. Nipushmola Joshi, Advocate holding brief of Ms. Chetna Latwal, Advocate
for the apellant.
Mr. B.N. Maulkhi, A.G.A. for the State of Uttarakhand.

Coram:       Hon'ble Ravindra Maithani, J.

Hon'ble Alok Mahra, J.

Hon'ble Ravindra Maithani, J. (Oral)

The instant appeal has been preferred against

judgment and order dated 04/05.11.2022, passed in Special

Sessions Trial No.101 of 2021, State Vs. Farman @ Chandraja

Bhura, by the court of FTSC/Upper Sessions Judge, Haridwar. By

it, the appellant has been convicted and sentenced under Section

3(a)/4(ii) of the Protection of Children from Sexual Offences Act,

2012 and Sections 363, 366A IPC.

2. Heard.

3. This is an admitted appeal.

4. List in due course for final hearing.

5. Heard on Bail Application (IA) No.1 of 2022.

6. Learned counsel for the appellant submits that the

appellant is innocent; the appellant and the victim both were in

relationship for a long; the victim, on her own, joined the company

of the appellant; they solemnized the marriage; the age of the

victim has not been proved; the victim is not a child.

7. Learned State Counsel fairly concedes that as per

the victim, she on her own, joined the company of the appellant;

she was in relationship with the appellant. He submits that the

school certificate of the victim has been filed, which reveals that

she is a child.

8. 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.

9. The bail application is allowed.

10. The sentence appealed against is suspended

during the pendency of the appeal.

11. 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.

(Alok Mahra, J.) (Ravindra Maithani, J.) 03.09.2025

Ravi Bisht