Citation : 2026 Latest Caselaw 1115 UK
Judgement Date : 17 February, 2026
HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application (IA No.1 of 2023)
In
Criminal Appeal No.449 of 2023
Satendra ........Appellant
Versus
State of Uttarakhand ........Respondent
Present:-
Mr. Karan Anand, Advocate for the appellant.
Ms. Manisha Rana Singh, Deputy A.G. for the State.
Coram:Hon'ble Ravindra Maithani, J.
Hon'ble Siddhartha Sah, J.
Hon'ble Ravindra Maithani, J. (Oral)
Instant appeal is preferred against the judgment of
conviction dated 19.06.2023, passed in Special Session Trial No.04 of
2019, State Vs. Satendra, by the court of learned Additional District &
Session Judge/FTSC (POCSO), Dehradun. By it, the appellant has
been convicted and sentenced under Sections 363, 366-A of IPC and 6
of the Protection of Children from Sexual Offences Act, 2012. The
appellant seeks bail in this appeal.
2. Heard learned counsel for the parties and perused the
record.
3. According to the FIR, on 30.08.2018, the appellant enticed
the victim, a young girl and he kept the victim with him for many
weeks before she could have been recovered.
4. Learned counsel for the appellant would submit that the
appellant and the victim, both were in a romantic relationship. The age
of the appellant was 20 years at the time of incident. They solemnized
their marriage and when the family members extended threat to them,
they filed a writ petition for protection in the Hon'ble High Court of
Allahabad bearing Civil Misc. Writ Petition no.31072 of 2018, Smt.
Muskan & Anr. Vs. State of U.P. & Anr ("the writ petition"). In the writ
petition on 20.09.2018, the Court had provided protection to them.
5. Learned counsel for the appellant submits that, in fact, in
the Aadhar Card of the victim, the age is recorded as 20 years, i.e.
what is recorded in the order of the writ petition by the Hon'ble High
Court of Judicature at Allahabad.
6. Learned State counsel would submit that the victim was
minor. She was not 20 years of age. She admits that the writ petition
was filed by the victim and the appellant in the Hon'ble High Court of
Judicature at Allahabad for protection. She referred to para 38 of the
impugned judgment to argue that the Court in the impugned judgment
it is recorded that the Aadhar Card was forged.
7. In the order of Hon'ble High Court of Judicature at
Allahabad passed in that writ petition, no such observation is made
that the Aadhar Card was forged.
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 execution of 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.
12. List in due course.
(Siddartha Sah, J.) (Ravindra Maithani, J.) 17.02.2026 17.02.2026 RS
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