Uttarakhand High Court
CRJA/100/2023 on 29 July, 2025
Office Notes,
reports, orders or
SL.
proceedings or
No Date COURT'S OR JUDGE'S ORDERS
directions and
.
Registrar's order
with Signatures
Bail Application (IA No. 03 of 2023)
In
CRJA No. 100 of 2023
Hon'ble Ashish Naithani, J.
Ms. Sheetal Selwal, learned legal Aid Counsel for
the Appellant.
2. Mr. G.C. Joshi, learned A.G.A. for the State of
Uttarakhand.
3. The present Criminal Jail Appeal has been
preferred by the Appellant/convict-Pramod S/o Shri
Ganesh Sahni R/o Village Paga, Police Station Benibagh,
District Muzzfarpur, Bihar against the judgment and
order dated 06.05.2023, passed by the learned
Additional District and Sessions Judge/F.T.C. (POCSO),
Dehradun, in Sessions Trial No. 55 of 2020 (Case Crime
No. 205 of 2020), titled as “State vs. Pramod“, for the
offence punishable under Section 376 of the Indian
Penal Code, 1860 (hereinafter referred to as “IPC“),
registered at Police Station Patel Nagar, District
Dehradun.
4. By the aforesaid judgment and order, the
Appellant/convict was convicted under Section 376 IPC
and sentenced to undergo ten years of rigorous
imprisonment, along with a fine of ₹25,000/-. In default
of payment of the fine, the Appellant/convict was
directed to undergo an additional three months of
simple imprisonment. The learned Additional District
and Sessions Judge/F.T.C. (POCSO), Dehradun, also
directed that, under Section 357A of the Code of
Criminal Procedure, the Appellant/convict shall pay
compensation of ₹20,000/- to the victim.
5. Learned counsel for the Appellant/convict submits
that the main ground for seeking bail is the long
duration of incarceration, noting that the appellant has
already undergone half of the sentence awarded.
6. Learned counsel for the State has strongly
opposed the Bail Application, contending that the
offence is serious in nature, involving a crime against a
woman, for which the Appellant/convict was rightly
convicted.
7. A jail report has been submitted in this regard, as
directed by this Court. As per the report filed by the
Senior Superintendent, District Jail, Dehradun, the total
custody of the Appellant/convict, including remission,
amounts to five years, nine months, and six days as of
25.07.2025.
8. In the view of this Court, sufficient grounds exist
for granting bail, subject to the deposit of the fine and
compensation amount as per Section 357A Cr.P.C.
9. Let the Appellant/convict- Pramod S/o Shri
Ganesh Sahni, R/o Village Paga, Police Station
Benibagh, District Muzaffarpur, Bihar, be enlarged on
bail pending the final disposal of this Appeal, subject to
the following conditions:
(i) The fine of ₹25,000/- as imposed by the trial
court shall be deposited.
(ii) The compensation amount of ₹20,000/- in
favour of the victim under Section 357A Cr.P.C.
shall also be deposited.
(iii) A personal bond of ₹50,000/- along with two
sureties of the like amount shall be furnished.
10. List this matter on 25.09.2025.
(Ashish Naithani, J.)
29.07.2025
Shiksha