Uttarakhand High Court
Deepak Singh Negi Alias Deepak Chandra vs State Of Uttarakhand on 24 February, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No.1 of 2023 For Bail Application
In
Criminal Appeal No. 894 of 2023
Deepak Singh Negi alias Deepak Chandra ...... Appellant
Vs.
State of Uttarakhand ..... Respondent
Present:
Mr. Nandan Arya and Mr. Priyanshu Gairola, 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 04.12.2023, passed in Special Sessions
Trial No.11 of 2023, State Vs. Deepak Singh Negi alias Deepak
Chandra, by the court of Special Sessions Judge (POCSO), District
Pithoragarh. By it, the appellant has been convicted under
Sections 354-A, 376(2)(i)(n)(3), 506 IPC and Section 5/6, 9/10,
11(v)/12 of the Protection of Children from Sexual Offences Act,
2012, and sentenced under Sections 354-A, 376(2)(i)(n)(3), 506
IPC.
2. This appeal has already been admitted.
3. List in due course for final hearing.
4. Heard on Bail Application (IA) No.1 of 2023.
5. According to the FIR, the victim was a young girl
studying in class 11th in a school, where the appellant was an
NCC instructor. He started molesting the victim and had taken
her photographs, which he had uploaded on social media
platform.
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6. Learned counsel for the appellant submits that the
entire story is false; for one year, the victim did not reveal the
incident to anyone; the FIR records of molestation only, whereas,
subsequently, when the victim was examined under Section 164
of the Code of Criminal Procedure, 1973 (“the Code”), she
developed the story of rape; the pathology report does not support
the prosecution case; there has been no injury on the person of
the victim; had the incident been done on a forest deserted area,
there would have been some injuries on the person of the victim,
which is not on her; those photographs, which were uploaded on
the social media are not in any manner objectionable; even
otherwise, they reveal that it is the victim, who had place her
hand on the shoulder of the appellant.
7. Learned State Counsel submits that the victim is a
young girl of 16 years of age at the time of the incident; the
appellant was NCC instructor, who raped her; she has revealed it;
in fact, the appellant had threatened the victim. Therefore, she did
not reveal the incident to anyone. When her photographs were
revealed to the family members, she was questioned. It is only,
thereafter, she revealed the incident; the victim has supported the
prosecution case.
8. It is a stage of bail post conviction. Much of the
discussion is not expected of. The presumption of innocence is not
available to the appellant because it is bail post conviction.
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. It is true that the FIR does not reveal anything
about rape. It records that the appellant had tried to molest the
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victim. When the victim was examined under Section 164 of the
Code, she revealed that the appellant raped her not once, but on
multiple occasions, and threatened her. He was NCC instructor.
This is what the victim has stated during trial.
10. On behalf of the appellant, it is also argued that,
in fact, the appellant was not posted in the school where the
victim was studying and this has been proved by the defence
witness.
11. To it, learned State Counsel submits that NCC
instructors are not posted. They are deputed time and again.
12. The victim has supported the prosecution case
during trial, and, in fact, in her statement recorded under Section
164 of the Code.
13. Having considered this and other attending factors,
this Court does not see any ground, which may entitle the
appellant to bail. Accordingly, the bail application deserves to be
rejected.
14. The bail application is rejected.
(Siddhartha Sah, J.) (Ravindra Maithani, J.)
24.02.2026
Ravi Bisht
