Ashif vs State Of Uttarakhand on 14 July, 2026

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    Uttarakhand High Court

    Ashif vs State Of Uttarakhand on 14 July, 2026

    Author: Ravindra Maithani

    Bench: Ravindra Maithani

                                           UKHC010167522025
    
    
    
    HIGH COURT OF UTTARAKHAND AT NAINITAL
                Bail Application (IA No.1 of 2025)
                                  in
                Criminal Appeal No. 630 of 2025
    
    Ashif                                             --Appellant
    
                               Versus
    
    State of Uttarakhand                           --Respondent
    
    Presence:-
    Mr. Aditya Singh, learned counsel for the appellant.
    Mrs. Manisha Rana Singh, learned Deputy Advocate General for
    the State.
                              With
                Bail Application (IA No.1 of 2025)
                                  in
                Criminal Appeal No. 619 of 2025
    
    Imran                                           --Appellant
    
                               Versus
    
    State of Uttarakhand                        --Respondent
    
    Presence:-
    Mr. Lalit Sharma, learned counsel with Ms. Anmol Sandhu,
    learned counsel for the appellant.
    Mrs. Manisha Rana Singh, learned Deputy Advocate General for
    the State.
                              With
                Bail Application (IA No.1 of 2025)
                                  in
                Criminal Appeal No. 620 of 2025
    
    Rizwan                                        --Appellant
    
                               Versus
    
    State of Uttarakhand                         --Respondent
    
    
    
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                                               UKHC010167522025
    
    
    
    Presence:-
    Mr. Lalit Sharma, learned counsel with Ms. Anmol Sandhu,
    learned counsel for the appellant.
    Mrs. Manisha Rana Singh, learned Deputy Advocate General for
    the State.
    
    
    Coram:       Hon'ble Ravindra Maithani, J.
    

    Hon’ble Siddhartha Sah, J.

    Hon’ble Ravindra Maithani, J. (Oral)

    SPONSORED

    These three appeals arise from one common judgment and

    order dated 23.09.2025/25.09.2025, passed in Special Sessions

    Trial No.135 of 2019, State vs. Ashif and Others, by the court of

    Additional District & Sessions Judge/FTSC (POCSO), Dehradun.

    By it, the appellant-Ashif has been convicted under Sections 363,

    366A, 376(3), 506, 120B of IPC and Section 5/6 of the Protection of

    Children from Sexual Offences Act, 2012 and appellants, Rizwan

    and Imran have been convicted under Sections 363, 366A and

    120B of IPC and Section 16/17 of the Protection of Children from

    Sexual Offences Act, 2012 and sentenced accordingly. Therefore,

    these three bail applications are decided together. The appellants

    seek bail.

    2. Heard learned counsel for the parties and perused the

    record.

    3. According to the FIR, the appellant Asif enticed the

    victim, a younger girl, took her along with him for some galatkam.

    He also extended threats to the victim and her family members.

    According to prosecution, appellants, Imran and Rizwan helped

    appellant Asif in his misdeed.

    4. Learned counsel for the appellant Asif submits that in

    fact the victim is legally wedded wife of the appellant, they had

    solemnized marriage, Nikah was done, Nikahnama was read over,

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    UKHC010167522025

    which has been proved. In addition to that, he submitted that in

    fact the statement of PW3 with regard to the date of birth of the

    victim is not reliable. According to PW3 based on a TC of a Bareilly

    school which is Ex-P3, the date of birth was recorded in the school

    record. But it is argued that DW3, the Principal of Bareilly school

    has falsified exhibit-P3, as according to him at serial number 5085

    of the certificate Ex.P3, name of victim is not recorded, instead

    there is some other person enrolled in that school.

    5. Referring to the statement of PW2, the victim, it is

    argued that according to her, she did not study in any Samaj

    Kalyan Evam Bal Utthan Junior High School, Semi Kheda, Bareilly,

    whereas she stated that she studied earlier in Shiva School, and

    the document of Shiva School has been proved by DW1 revealing

    date of birth of the victim as 12.01.2001, so the victim was major

    on the date of incident and the document which has been filed by

    the prosecution with regard to date of birth of the victim are self-

    contradictory, and they have been belied by the defense witnesses.

    6. Learned counsel for Imran and Rizwan would submit

    that they have no role, they have not committed any offence.

    7. Learned State Counsel submits that the argument that

    has been made by learned counsel for Asif with regard to the

    documents position is not disputed, but she submits that victim

    has denied her marriage with the appellant Asif.

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

    case in which the execution of sentence should be suspended and

    the appellants be enlarged on bail.

    9. The bail applications are allowed.

    10. The sentence appealed against is suspended during the

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    UKHC010167522025

    pendency of the appeal.

    11. The appellants, namely, Ashif, Imran and Rizwan

    released on bail during the pendency of the appeal on their

    executing a personal bond and furnishing two reliable sureties,

    each of the like amount, to the satisfaction of the court concerned.

    12. List this case in due course.

    (Siddhartha Sah, J.) (Ravindra Maithani, J.)
    14.07.2026 14.07.2026
    JKJ/

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