Unknown vs State Of Uttarakhand
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Uttarakhand High Court

Unknown vs State Of Uttarakhand on 20 March, 2026

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                              CRLA No. 120 of 2026
                              With
                              Bail Application (IA No. 01 of 2026)
                              Sagar
                                                                --Appellant
                                                   Versus
                              State of Uttarakhand
                                                              --Respondent

Hon'ble Ashish Naithani, J., Mr. Gaurav Singh, learned counsel for the Appellant.

2. Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand.

3. The matter is fixed for hearing on the Bail Application filed by the Appellant.

4. Heard learned counsel for the parties on the Bail Application (I.A. No. 01 of 2026).

5. The present Criminal Appeal has been filed against the judgment and order dated 26.02.2026, passed by the learned Additional Sessions Judge/F.T.S.C., District Haridwar in Special Sessions Trial No. 140 of 2021 (Case Crime No. 425 of 2021), "State vs. Sagar", for the offences punishable under Sections 363, 366A IPC and Section 11(4)/12 of the Protection of Children from Sexual Offences Act, 2012, Police Station Jwalapur, District Haridwar, whereby the learned Trial Court has convicted the Appellant for the offence under Section 363 IPC and sentenced him to undergo two years' rigorous imprisonment along with a fine of Rs. 10,000/-, and in default of payment of fine, to undergo one month's additional imprisonment. The Appellant has further been convicted and sentenced for the offence under Section 12 of the Protection of Children from Sexual Offences Act, 2012 to undergo two years' rigorous imprisonment along with a fine of Rs. 10,000/-, and in default of payment of fine, to undergo one month's additional imprisonment.

6. Learned counsel for the Appellant submits that the Appellant has been falsely implicated in the present matter and was on bail during trial and never misused the liberty granted to him. It is further submitted that there is no independent witness to the alleged incident and that the sentence awarded against the Appellant is too severe and harsh from a judicial standpoint.

7. Learned State Counsel opposed the Bail Application.

8. After hearing learned counsel for the parties and considering the facts and circumstances of the case, particularly the fact that the Appellant was on bail during trial and never misused the liberty granted to him, and without expressing any opinion on the merits of the case, this Court is of the opinion that sufficient grounds exist for granting bail to the Appellant.

9. Accordingly, the Bail Application is allowed. Let the Appellant 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.

10. 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.

11. Admit.

12. Summon the Trial Court Record. Upon receipt of the same, the Registry is directed to prepare the paper book and supply it to learned counsel for the parties, in accordance with the Rules.

13. List this case on 30.05.2026.

(Hon'ble Ashish Naithani, J.) 20.03.2026

Shiksha