Uttarakhand High Court
Shanavvar vs State Of Uttarakhand on 8 July, 2026
Office Notes, reports,
orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
08.07.2026
UKHC010138522023
IA/2/2026 (Short Term Bail Application)
In
CRLA/548/2023
Shanavvar --Appellant/applicant
Versus
State of Uttarakhand --Respondent
Hon'ble Manoj Kumar Gupta, C. J.
Hon'ble Subhash Upadhyay, J.
1. Mr. Rajveer Singh, learned counsel for the
appellant/applicant.
2. Mr. J.S. Virk, learned Addl. Advocate General,
Mr. B.N. Maulaki, learned Deputy Advocate General
and Mr. Sunil Upadhyay, learned Brief Holder for the
State of Uttarakhand.
3. The appellant has been convicted under
Sections 363, 366A, 376(a)(b), 506 IPC and 5(m)/6
of the POCSO Act in Session Trial No.177 of 2021.
He has been sentenced to undergo rigorous
imprisonment for 20 years and fine ₹50,000/- under
Section 5(m)/6 of the POCSO Act; 4 years rigorous
imprisonment and fine of ₹10,000/- under Section
363 IPC; 4 years rigorous imprisonment and fine of
₹10,000/- under Section 366A IPC and 3 years
rigorous imprisonment along with fine of ₹5,000/-
under Section 506 IPC. In default of payment of fine
he is directed to undergo default sentence. All the
sentences have been directed to be run
concurrently.
4. The appellant has filed the present application
under Section 431 BNSS for grant of short term bail
on the ground that his wife has been advised
surgery of gallbladder at higher centre and in case
immediate surgery is not performed it would pose
threat to her life. It is stated that children of the
appellant are minor and there is no other member in
the family who can get the operation performed.
5. In support of his case, the appellant has filed a
certificate issued by the attending physician and
which reveals that his wife has been referred to
higher centre like AIIMS Delhi for the surgery.
6. Learned State Counsel is in receipt of
instructions and he admits that children of the
appellant are all minor (aged 14, 12 and 8 years).
He also does not dispute that as per the certificate
annexed with the application, the wife of the
appellant has been referred for surgery to AIIMS,
Delhi.
7. Learned counsel for the appellant submits that
as soon as the appellant is released he would get the
surgery scheduled. He also submits that the needful
be done within two weeks and prays that the
appellant be enlarged on short-term bail for the said
period, which learned State Counsel does not
oppose.
8. In view of the above, the short term bail
application is allowed.
7. Let the appellant/applicant be released on
short term bail for a period of 15 days on furnishing
bail bond with two sureties in the amount of
50,000/- and personal bond of the like amount to
the satisfaction of the court concerned. The period of
15 days shall be reckoned from the date of his
release from jail.
8. On expiry of 15 days, appellant/applicant shall
surrender before the concerned trial court, which in
turn, shall send him to jail.
9. List this case in due course.
10. The Registry is directed to send a copy of this
order electronically also to the concerned Trial Court.
(Subhash Upadhyay, J.) (Manoj Kumar Gupta, C.J.)
08.07.2026 08.07.2026
SS
