CRJA/150/2023
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Uttarakhand High Court

CRJA/150/2023 on 3 January, 2026

               Office Notes,
              reports, orders
SL.          or proceedings or
      Date                                                      COURT'S OR JUDGES'S ORDERS
No            directions and
             Registrar's order
              with Signatures
                                 IA No.02 of 2025 (Second Bail Application)
                                 In
                                 CRJA No. 150 of 2023
                                 Hon'ble Ashish Naithani, J.

Mr. B. S. Adhikari, learned counsel for the Appellant/convict.

2. Mr. K. S. Bora, learned D.A.G. for the State.

3. This criminal jail appeal under Section 374(2) of Cr.P.C. is filed by the Appellant/convict through Jailer, District Jail, Haridwar against the judgment dated 17.10.2023 passed by F.T.C/Additional & District & Session Judge (POCSO), Haridwar in S.S.T. No.168 of 2021, "State vs. Brijesh Kumar Shukla & Anr.", punishable for the offence under Sections 363, 366A, 323, 504, 506, 354, 370(4), 511 of IPC & 10 r/w 9(Chha), 17 r/w 16 of POCSO Act, Police Station Kotwali Jwalapur, District haridwar, whereby appellant has been sentenced as under:-

Sl. No. Conviction Sentence Fine Sentence in lieu of fine

1. 323 IPC 3 months Rs. 10,000/- Four days R.I. additional R.I.

2. 363 IPC 07 years R.I. Rs. 10,000/- Three months additional R.I.

3. 366 A IPC 07 years R.I. Rs. 10,000/- Three months additional R.I.

4. 504 IPC 03 months Rs.1,000/- One month R.I. additional R.I.

5. 506 IPC 03 months Rs.5,000/- Two months R.I additional R.I.

6. 354 IPC 06 months Rs.5,000/- Two months R.I. additional R.I.

7. 370(4) IPC 10 years R.I. Rs.20,000/- Six months additional R.I.

8. 10 r/w 05 years R.I. Rs.5,000/- Two months 9(chha) additional R.I. Aforesaid sentences were directed to run concurrently.

4. Learned counsel for the Appellant/convict submits that though the first bail application of the Appellant/convict has been rejected finding no ground by this Court vide order dated 18.07.2025, still on passionate ground, the present bail may be considered and the Appellant/convict be released on bail.

5. Learned State counsel, however, submits that there is no fresh ground for bail in the present matter; the matter relates to a heinous offence, whereby the Appellant/convict has been convicted, therefore, the said bail application may not be considered.

6. Considering the present matter and the application, there seems to be no fresh ground regarding the bail and thus, the present bail application moved by the Applicant through Jailer, District Jail Haridwar stands rejected finding no fresh grounds.

7. List this matter on 25.02.2026.

8. Registrar (Judicial) is directed that the said order along with the previous bail cancellation order dated 18.07.2025 be communicated to the Applicant/convict through concerned Jailer.

(Ashish Naithani, J.) 03.01.2026 Akash