Citation : 2026 Latest Caselaw 62 UK
Judgement Date : 3 January, 2026
HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application (IA) No.01 of 2024
In
Criminal Appeal No. 752 of 2024
Rohit ........Appellant/Applicant
Vs.
State of Uttarakhand ........... Respondent
Present: Mr. Prateek Tripathi, Advocate for the
appellant/applicant.
Mr. Pankaj Joshi, AGA for the State.
Hon'ble Ravindra Maithani, J. (Oral)
Instant appeal is preferred against the judgment and
order dated 12.11.2024, passed in Special Sessions Trial No.710 of
2022, State of Uttarakhand Vs. Rihit, by the court of
FTC/Additional Sessions Judge/Special Judge (POCSO), Rudrapur,
Udham Singh Nagar. By it, the appellant has been convicted and
sentenced under Sections 363, 366 IPC and Sections 16/17 of the
Protection of Children from Sexual Offences Act, 2012. The
appellant seeks bail during pendency of the appeal.
2. The appeal is already admitted.
3. Heard on Bail Application (IA) No.01 of 2024.
4. Learned counsel for the appellant would submit that
the appellant has been sentenced 05 years rigorous imprisonment;
he has already undergone more than half of the sentence awarded
to him; there are less chances of the appeal being heard in the near
future. Therefore, it is case fit for bail.
5. Learned State Counsel admits the factual aspects.
6. Having considered, this Court is of the view that it is a
case in which the execution of sentence should be suspended and
the applicant/appellant be enlarged on bail.
7. The bail application is allowed.
8. The execution of sentence, which is under challenge in
this appeal shall remain suspended during the pendency of the
appeal.
9. Let the applicant/appellant be released on bail, during
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.
10. List in due course.
(Ravindra Maithani, J.) 03.01.2026 Sanjay
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