Rakesh Mehar @ Mehra vs State Of Uttarakhand
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Uttarakhand High Court

Rakesh Mehar @ Mehra vs State Of Uttarakhand on 18 February, 2026

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
                   Bail Application (IA No.1 of 2024)
                                   In
                 Criminal Appeal No.593 of 2024

Rakesh Mehar @ Mehra                                   ........Appellant

                                 Versus

State of Uttarakhand                                  ........Respondent
Present:-

          Mr. Vikas Anand with Ms. Sangeeta Adhikari Patni, Advocates
          for the appellant.
          Mr. J. S. Virk, learned 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 and order

dated 01.08.2024, passed in Special Session Trial No.15 of 2019, State

of Uttarakhand vs. Rakesh Mehar @ Mehra, by the court of learned

Special Session Judge (POCSO)/Session Judge, Champawat. By it, the

appellant has been convicted under Sections 363 of IPC and Section

3/4 of Protection of Children from Sexual Offences Act, 2012 r/w

Sections 376 of IPC and sentenced accordingly. The appellant seeks

bail in this appeal.

2. Heard learned counsel for the parties and perused the

record.

3. According to the FIR, in the night at about 10:00 pm on

11.04.2019, the appellant enticed the victim a young girl, took her

along with him, established physical relationship and the appellant

dropped the victim in her home next morning. The FIR is that under

the pretext of marriage, the appellant has done it.

4. Learned counsel for the appellant submits that it is not a

case of forceful rape, in fact, the appellant and the victim both were in

relationship. The appellant is also a young boy. The victim has so

admitted in her statement recorded under Section 164 of Cr.P.C.

During the court also, the victim admits that she was talking to the

appellant.

5. Learned State counsel admits these facts.

6. It is admitted that the victim and the appellant both were

in a relationship and the victim accompanied the appellant on her own.

7. Having considered these and other attending factors, 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.

8. The bail application is allowed.

9. The execution of sentence appealed against is suspended

during the pendency of the appeal.

10. The appellant - Rakesh Mehar @ Mehra 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.

11. List in due course.

(Siddhartha Sah, J.) (Ravindra Maithani, J.) 18.02.2026 18.02.2026 Akash