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.
2
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
