Citation : 2026 Latest Caselaw 9 UK
Judgement Date : 2 January, 2026
HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No. 1 of 2025 (Bail Application)
In
Criminal Appeal No. 756 of 2025
'X' ........Appellant
Versus
State of Uttarakhand ........Respondent
Present:-
Mr. Jitendra Chaudhary, Advocate for the appellant.
Mr. Pankaj Joshi, AGA for the State.
Hon'ble Ravindra Maithani, J.
The challenge in this appeal is made to the judgment and
order dated 03.11.2025/06.11.2025 recorded in Special Sessions Trial
No. 88 of 2018, State of Uttarakhand v. 'X', by the court of Special
Judge (POCSO)/Additional District Judge, Dehradun. By it, the
appellant has been convicted under Sections 307, 147, 148 IPC and
sentenced as under:-
(i) Under Section 307 IPC - rigorous imprisonment for
a period of three year and a fine of Rs. 10,000/-. In
default of payment of fine, to undergo further
imprisonment for a period of one month.
(ii) Under Section 147 IPC - rigorous imprisonment for
a period of one year and a fine of Rs. 2,000/-. In
default of payment of fine, to undergo further
imprisonment for a period of one month.
(iii) Under Section 148 IPC - rigorous imprisonment for
a period of one year and a fine of Rs. 2,000/-. In
default of payment of fine, to undergo further
imprisonment for a period of one month.
2. Heard.
3. Admit the appeal.
4. Call for the lower court record. Once the lower court
record is received, let the paper book be prepared and be provided to
the learned counsel for the parties, as per rules.
5. The appellant seeks bail during pendency of the appeal.
6. Heard learned counsel for the parties on bail application
and perused the file.
7. Learned counsel for the appellant submits that the
appellant is a child in conflict with law; he was granted bail during
trial; he is still on interim bail; he never misused the bail; there is no
impediment for allowing him to continue the bail.
8. As such there is no objection made by the learned State
Counsel.
9. Having considered, this Court is of the view that it is a
case in which the execution of the sentence should be suspended and
the appellant be enlarged on bail.
10. The bail application is allowed.
11. The execution of sentence appealed against is suspended
during the pendency of the appeal.
12. Let 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.
13. List the criminal appeal for final hearing in due course.
(Ravindra Maithani, J) 02.01.2026 Avneet/
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