Citation : 2026 Latest Caselaw 790 UK
Judgement Date : 9 February, 2026
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No.1 of 2024 For Bail Application
In
Criminal Jail Appeal No. 11 of 2022
Satish ...... Appellant
Vs.
State of Uttarakhand ..... Respondent
Present:
Mr. Bhuvnesh Joshi, learned Amicus Curiae.
Mr. V.S. Rawat, A.G.A. for the State of Uttarakhand.
Coram: Hon'ble Ravindra Maithani, J.
Hon'ble Siddhartha Sah, J.
Hon'ble Ravindra Maithani, J. (Oral)
The instant appeal has been preferred against
judgment and order dated 07.12.2021, passed in Special Sessions
Trial No.102 of 2019, State Vs. Satish, by the court of Additional
District Judge/FTSC, Haridwar. By it, the appellant has been
convicted and sentenced under Sections 363, 376 (3) and Section
5(l)(j)(ii)/6 of the Protection of Children from Sexual Offences Act,
2012.
2. Heard.
3. This is an admitted appeal.
4. List thereafter for final hearing.
5. Heard on Bail Application (IA) No.01 of 2024
6. Learned Amicus Curiae submits that it is not a
case of rape; the victim has stated that she was in romantic
relationship with the appellant; she, on her own, left her home
and married the appellant.
7. These facts are not disputed by learned State
Counsel, but he submits that the victim is minor.
8. It is a stage of bail post conviction. Much of the
discussion, at this stage, is not expected of. Arguments are being
appreciated with the caveat that any observation made in this
order shall have no bearing at any subsequent stage of the
proceedings.
9. Admittedly, the victim has been examined as PW2.
She has stated that she was in romantic relationship with the
appellant, and they left their respective homes, got married and
stayed together for a long.
10. According to the prosecution, the victim is a
minor.
11. 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 appellant be enlarged on bail.
12. The bail application is allowed.
13. The sentence appealed against is suspended
during the pendency of the appeal.
14. 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.
(Siddhartha Sah, J.) (Ravindra Maithani, J.) 09.02.2026
Ravi Bisht
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