CRLA/747/2024
2026 Latest Caselaw 943 UK

Uttarakhand High Court

CRLA/747/2024 on 12 February, 2026

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                              Bail Application (IA No. 01 of 2024)
                              In
                              CRLA No. 747 of 2024

                              Hon'ble Ashish Naithani, J.

Mr. Gaurav Singh, learned counsel for the Appellant.

2. Mr. G.C. Joshi, learned A.G.A. along with Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand.

3. Heard learned counsel for the parties on the Bail Application (I.A. No. 01 of 2024).

4. The present Criminal Appeal has been filed against the judgment and order dated 22.10.2024, passed by the learned Additional Sessions Judge/F.T.S.C., District Haridwar in Special Sessions Trial No. 95 of 2021 (Case Crime No. 538 of 2021), "State vs. Gauri alias Gaurav", for the offences punishable under Sections 323, 354(A) IPC and Section 9(m)/10 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali Nagar, District Haridwar, whereby the Appellant has been convicted and sentenced under Section 323 IPC to undergo one year's rigorous imprisonment along with a fine of Rs. 1,000/-. In default of payment of fine, the Appellant has further been directed to undergo one month's additional imprisonment. The Appellant has also been convicted and sentenced under Section 10 of the Protection of Children from Sexual Offences Act, 2012 to undergo five years' rigorous imprisonment along with a fine of Rs. 20,000/-. In default of payment of fine, the Appellant has further been directed to undergo three months' additional imprisonment. All the sentences shall run concurrently.

5. Learned counsel for the Appellant submits that the Appellant was on bail during the course of the trial and never misused the liberty so granted. It is further submitted that the Appellant has no criminal history to his credit and that there is no independent witness to the alleged incident.

6. Learned State Counsel opposed the bail application.

7. After hearing learned counsel for the parties and upon consideration of the facts and circumstances of the case, this Court is of the opinion that, at this stage, sufficient grounds exist for granting bail, without entering into the merits of the case. It is also noted that the Appellant was on bail during the pendency of the trial and did not misuse the liberty granted to him.

8. Accordingly, the Appellant-Gauri alias Gaurav shall be released on bail upon executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the learned Trial Court.

9. It is clarified that the grant of bail shall not be treated as a ground for seeking unnecessary adjournments or for delaying the disposal of the present Criminal Appeal.

10. List this case on 27.03.2026 for final hearing.

(Ashish Naithani, J.) 12.02.2026 Shiksha