Virendra vs State Of Uttarakhand on 28 July, 2026

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    Uttarakhand High Court

    Virendra vs State Of Uttarakhand on 28 July, 2026

    Author: Ravindra Maithani

    Bench: Ravindra Maithani

                                             UKHC010142542024
    
    IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
    
                   Bail Application (IA No.1 of 2025)
                                      In
                  Criminal Jail Appeal No.69 of 2024
    
    Virendra                                               ...... Appellant
    
                                      Vs.
    
    State of Uttarakhand                                 ......Respondent
    
    
    Presence:
    Mr. Akshay Pradhan, learned counsel for the appellant.
    Mr. J.S. Virk, learned DAG along with Mr. Sunil Upadhyay, learned
    Brief Holder for the State.
    
    
    
    Coram: Hon'ble Ravindra Maithani, J.
    

    Hon’ble Siddhartha Sah, J.

    Hon’ble Ravindra Maithani, J. (Oral)

    SPONSORED

    The instant appeal has been preferred against judgment

    and order dated 08/09.08.2024, passed in Special Sessions Trial

    No.168 of 2019, State Vs. Virendra, by the court of FTSC/Additional

    Sessions Judge, Roorkee, District Haridwar. By it, the appellant has

    been convicted under Sections 363, 366A, 376(3), 376(2)(n), 120B &

    506 of IPC and Sections 5(l)/6 of Protection of Children from Sexual

    Offences Act, 2012 and sentenced accordingly. The appellant seeks

    bail.

    2. Heard learned counsel for the parties and perused the

    record.

    3. According to the FIR lodged by the father of the victim, a

    young girl of 15 years had left her home some 5-6 days prior to the

    lodging of the FIR to visit her brother, but she did not reach there. A

    suspicion was raised that it was the appellant who had enticed the

    victim.

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    4. Learned counsel for the appellant submits that the entire

    prosecution case is false and that the prosecution has not been able

    to prove the age of the victim. The father and mother of the victim

    were examined before the court, but they did not support the

    prosecution case. According to them, the victim had already married

    one Rohit on 19th April 2019, when she was 20 years of age. It is

    argued that, in fact, the husband of the victim was examined as

    DW2, and he also stated that, when he married the victim, she was

    more than 18 years of age. They were delivered a child on 6th

    December 2020.

    5. Learned State Counsel submits that the prosecutrix has

    supported the prosecution case and that this is not a fit case for bail.

    6. 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

    and in any other matter.

    7. Fact remains that the parents of the victim have not

    supported the prosecution and have stated that the victim had

    already been married to Rohit prior to the date of the incident, when

    she was a major. In fact, DW2, Rohit, was also examined, and he

    claimed that he and the victim had married when the victim was

    above 18 years of age. This witness was not cross-examined by the

    prosecution on the aspects of the marriage, etc.

    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 appellant be enlarged on bail.

    9. The bail application is allowed.

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    10. The sentence appealed against is suspended during the

    pendency of the appeal.

    11. The appellant- Virendra released on bail during the

    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.

    12. List this case for final hearing in due course.

    (Siddhartha Sah, J.) (Ravindra Maithani, J.)
    28.07.2026 28.07.2026
    BS



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