1. Leave granted.
2. Heard learned counsel for the parties.
3. This appeal arises from an order dated
07.01.2025 passed by the High Court of
Uttarakhand at Nainital whereby the bail prayer
of 2022 has been rejected.
10:45:21 IST
4. The contention of the learned counsel
for the appellant is that if we consider the
statement of the victim recorded under Section
164 Cr.P.C., it does not disclose commission of
an offence punishable under Section 5/6 of the
POCSO Act and therefore, even if an offence
punishable under Section 7/8 of the POCSO Act
is made out, the maximum sentence under the
said provision is 5 years whereas the
appellant by now has already served four years
pending trial. It has been submitted by the
appellant that he has no previous antecedent
and if he is released on bail he would not
misuse the liberty.