Abhishek vs State Of Uttarakhand
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Uttarakhand High Court

Abhishek vs State Of Uttarakhand on 25 March, 2026

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
  Application for Bail and Suspension of Sentence (IA) No.1 of 2025
                                 In
                   Criminal Appeal No. 697 of 2025
Abhishek                                                    ........... Appellant
                                      Vs.
State of Uttarakhand                                     ........... Respondent
Present : Mr. Avidit Noliyal, Advocate for the appellant.
          Mr. J.S. Virk, Deputy Advocate General for the State.


Coram :       Hon'ble Ravindra Maithani. J.
              Hon'ble Siddhartha Sah, J.

Hon'ble Ravindra Maithani, J. (Oral)

Instant appeal is preferred against the judgment and

order dated 19.09.2025, passed in Special Trial Case No.174 of

2023, State of Uttarakhand vs. Abhishek, by the court of Additional

Sessions Judge/FTSC, Roorkee, District Haridwar. By it, the

appellant has been convicted under Sections 376(2)(n), 376(3) IPC

and Section 3(a)/4(ii), 5(l)/6 of the Protection of Children from

Sexual Offences Act, 2012 and sentenced accordingly. The

appellant seeks bail during pendency of the appeal.

2. Heard on Application for Bail and Suspension of Sentence

(IA) No.1 of 2025.

3. According to the FIR, on 02.09.2023, the victim a young

girl was enticed by the appellant and one Ankur.

4. Learned counsel for the appellant submits that the

appellant and the victim, both were in relationship; this is what the

victim has stated in her statement during investigation; she has

stated that willingly she left her house to meet the appellant.

Learned counsel for the appellant submits that the appellant was

on bail during trial.

5. Learned State Counsel submits that the victim is a minor

and she has supported the prosecution case. But, he admits that

during investigation, the victim has stated that she was in

relationship with the appellant and willingly she left her house.

6. Having considered this and other attending factors of this

case, we are of the view that it is a case in which the execution of

sentence should be suspended and the 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 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 for final hearing in due course.

(Siddhartha Sah, J.) (Ravindra Maithani, J.) 25.03.2026 Sanjay