Uttarakhand High Court
Unknown vs State Of Uttarakhand on 18 February, 2026
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Bail Application (IA No. 02 of 2025)
In
CRJA No. 95 of 2024
Chandra Ballabh Bhatt
--Appellant
Versus
State of Uttarakhand
--Respondent
Hon’ble Ashish Naithani, J.,
Ms. Gurbani Singh, learned Amicus Curiae for the
Applicant.
2. Mr. J.P. Kandpal, 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. 02 of 2025).
5. The present Criminal Appeal has been filed against the
judgment and order dated 20.11.2024 passed by the learned
Special Sessions Judge (POCSO), Pithoragarh in Sessions Trial
No. 19 of 2024, State of Uttarakhand vs. Chandra Bhallabh
Bhatt, whereby the Appellant has been convicted and sentenced
as follows:
(i) Under Section 354 of the Indian Penal Code, the Appellant has
been sentenced to undergo rigorous imprisonment for a period of
five years along with a fine of Rs. 10,000/-. In default of payment
of fine, the Appellant shall further undergo additional
imprisonment for a period of one year.
(ii) Under Section 7 read with Section 8 of the Protection of
Children from Sexual Offences Act, 2012, the Appellant has been
sentenced to undergo rigorous imprisonment for a period of five
years along with a fine of Rs. 10,000/-. In default of payment of
fine, the Appellant shall further undergo additional imprisonment
for a period of one year.
(iii) Under Section 11(iv) read with Section 12 of the Protection
of Children from Sexual Offences Act, 2012, the Appellant has
been sentenced to undergo rigorous imprisonment for a period of
three years along with a fine of Rs. 10,000/-. In default of
payment of fine, the Appellant shall further undergo additional
imprisonment for a period of six months.
6. Learned counsel for the Appellant submits that there are
blatant contradictions in the statements made by the victim in her
Tehrir and in her statement recorded during trial as a prosecution
witness. It is contended that such material inconsistencies render
the prosecution story doubtful, and the benefit of the same ought
to be extended to the present Appellant/accused. It is further
submitted that the victim, in none of her statements or in the
Tehrir, has stated that she sustained any injury due to the alleged
fall when the accused/appellant allegedly grabbed her neck.
Learned counsel argues that the absence of any injury weakens
the prosecution case. It is also contended that Section 42 of the
Protection of Children from Sexual Offences Act, 2012
specifically provides that where an act constitutes an offence
punishable under the POCSO Act as well as under the Indian
Penal Code, the offender shall be liable to punishment under
either of the Acts which provides for a greater punishment.
However, the learned Sessions Court has convicted the Appellant
under both the Acts, which, according to learned counsel, renders
the impugned judgment and order erroneous and bad in the eyes
of law.
7. Learned counsel further submits that the Appellant has
been in judicial custody since 03.03.2024, and no useful purpose
would be served by keeping him incarcerated during the
pendency of the appeal. It is also argued that there is no public or
independent witness to the alleged seizure and recovery.
8. Learned State Counsel opposed the bail application.
9. After hearing learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
of the opinion that, at this stage, sufficient grounds exist for
granting bail.
10. Accordingly, the Appellant shall be released on bail upon
his executing a personal bond and furnishing two reliable
sureties, each in the like amount, to the satisfaction of the learned
Trial Court.
11. 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.
12. The Registry is directed to prepare the paper book and
supply the same to the concerned parties, as per Rules.
13. List this case on 08.05.2026.
(Ashish Naithani, J.)
18-02-2026
Shiksha
