Piyush Alias Monty vs State Of Uttarakhand
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Uttarakhand High Court

Piyush Alias Monty vs State Of Uttarakhand on 31 March, 2026

Author: Ravindra Maithani

Bench: Ravindra Maithani

 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

             IA No.01 of 2023 For Bail Application
                                In
             Criminal Appeal No. 712 of 2023
Piyush alias Monty                                     ...... Appellant

                                Vs.

State of Uttarakhand                                ..... Respondent


Present:
Mr. Arvind Vashistha, Senior Advocate assisted by Ms. Meenu Sharma,
Advocate for the appellant.
Mr. B.N. Molakhi, 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 19/20.09.2023, passed in Sessions

Trial No.260 of 2021, State Vs. Ankit and Another, by the court of

FTSC/Additional Sessions Judge, Roorkee, District Haridwar. By

it, the appellant has been convicted and sentenced under Sections

376D and 323 IPC.

2. Heard.

3. This appeal has already been admitted.

4. The LCR has already been received.

5. List in due course for final hearing.

6. Heard on Bail Application (IA) No.01 of 2023.

7. Learned Senior Counsel appearing for the

appellant submits that the entire prosecution case is false; the

victim has not supported the prosecution case; she has been

declared hostile; she is a woman of more than 30 years of age;

merely based on some video footages in which the appellant and

the victim have been allegedly seen in a sugarcane filed, the

conviction has been recorded.

8. Learned State Counsel admits this fact, but

according to him, the victim has also given her statement under

Section 164 of the Code of Criminal Procedure, 1973, implicating

the applicant.

9. Having considered, this Court is of the view that it

is a case in which the execution of sentence should be suspended

and the appellant be enlarged on bail.

10. The bail application is allowed.

11. The 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.

(Siddhartha Sah, J.) (Ravindra Maithani, J.) 31.03.2026

Ravi Bisht