Citation : 2026 Latest Caselaw 2264 UK
Judgement Date : 23 March, 2026
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No.1 of 2024 For Bail Application
In
Criminal Appeal No. 101 of 2024
Raavish ...... Appellant
Vs.
State of Uttarakhand ..... Respondent
Present:
Ms. Pushpa Joshi, Senior Advocate assisted by Ms. Nipush Mola Joshi,
Advocate for the appellant.
Mr. J.S. Virk, D.A.G. for the State of Uttarakhand.
Coram: Hon'ble Ravindra Maithani, J.
Hon'ble Siddhartha Sah, J.
Hon'ble Ravindra Maithani, J. (Oral)
The instant appeal has been preferred against
judgment and order dated 05/06.01.2024, passed in Special
Sessions Trial No.19 of 2022, State Vs. Raavish, by the court of
Special Judge (POCSO)/Additional Sessions Judge, FTC,
Haldwani, District Nainital. By it, the appellant has been
convicted under Section 376(2)(n) and Sections 5(l)/6 and 5(j)(ii)/6
of the Protection of Children from Sexual Offences Act, 2012, and
sentenced accordingly.
2. This appeal has already been admitted.
3. List in due course for final hearing.
4. Heard on Bail Application (IA) No.1 of 2024.
5. According to the FIR, the appellant and the victim
came close to each other through some social media platform. The
appellant established physical relations with the victim under the
pretext of marriage. Subsequently, the victim came to know that,
in fact, the appellant was already married.
6. Learned Senior Counsel appearing for the
appellant submits that the appellant is in custody for more than 5
years; in her statement recorded under Section 164 of the Code of
Criminal Procedure, 1973, and in the court also, the victim has
stated that she and the appellant were in romantic relationship;
there is no Forensic Science Laboratory report.
7. Learned State Counsel submits that the victim
was minor on the date of incident; the appellant was already
married having a child; the victim has supported the prosecution
case.
8. It is a stage of bail post conviction. Much of the
discussion is not expected of. Arguments are being appreciated
with the caveat that any observation made in this order shall have
no bearing at any subsequent stage of the proceedings.
9. The victim has been examined during trial. She
has stated that, in fact, the appellant did conceal multiple facts
with the victim, like he was married having a child, and he
belongs to a different religion.
10. Having considered,, this Court does not see any
ground, which may entitle the appellant to bail. Accordingly, the
bail application deserves to be rejected.
11. The bail application is rejected.
(Siddhartha Sah, J.) (Ravindra Maithani, J.) 23.03.2026
Ravi Bisht
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