HIGH COURT OF JUDICATURE AT ALLAHABAD Mohd. Sharif @ Pappu .....Appellant(s)

Versus State Of U.P. And 3 Others .....Respondent(s)

Counsel for Appellant(s) : Santosh Kumar Tiwari Counsel for Respondent(s) : G.A.

Court No. - 92 HON'BLE JAI PRAKASH TIWARI, J.

Order on Criminal Misc. Suspension of Sentence Application No. 01 of 2025 Heard learned counsel for the appellant, as well as learned A.G.A. for the State and perused the material on record.

This criminal appeal under Section 415(2) of Bhartiya Nagrik Suraksha Sanhita has been preferred with the prayer to allow this application and release the appellant on bail in Special Sessions Case No. 347 of 2021; titled State of U.P. vs. Mohd. Sharif alias Pappu, arising out of Case Crime No. 88 of 2021, under Sections 363, 376 IPC and Section 4 POCSO Act, Police Station Kolhui, Distric Maharajganj, arising out of judgment of conviction and order of sentence dated 30.01.2025 passed by learned Special Judge, Exclusive Court (POCSO Act), Maharajganj, and further prays to stay realization of fine during the pendency of appeal.

It is submitted by learned counsel for the appellant that the applicant is innocent and has been falsely implicated in the subject case. As per the statement of victim recorded under Section 164 Cr.P.C., she was having love and affection with the applicant and she was consenting party. As per school register, victim was aged about 17 years 8 months 13 days old at the time of alleged incident. It is submitted by the learned counsel that though the victim was medically examined, but as per the medical report, no internal or external injury was found on the person of the victim. There are material contradictions in the statement of PW-3. Further, victim has refused for any kind of forensic examination, which creates serious doubt about the incident. It is next submitted that the learned trial court did not appreciate the evidence on record in proper way but convicted and sentenced the appellant for a maximum period of ten years rigorous imprisonment, under Section 376 IPC, with the fine of Rs. 3000/- and in default of payment, he shall serve one month additional imprisonment. Appellant was on bail during trial and never misused the liberty of bail. Appellant is in jail since 30.01.2025. As per custody certificate appended along with the counter affidavit filed on behalf of the State, the accused- appellant has already served the sentence of more than one and half years in custody. Since hearing of appeal is also not likely to be completed in near future, therefore, requested to release the appellant on bail during the pendency of appeal.

Learned A.G.A. opposed the bail.

Considering the facts and circumstances of the case, submissions made by learned counsel for the appellant, as well as learned A.G.A. and perusal of record, judgment passed by learned trial court particularly the facts submitted on behalf of the appellant, victim was consenting party, during trial, appellant was on bail and never misused the liberty of bail, and none possibility of hearing of appeal in near future. Resultantly, without meaning any expression of opinion on the merits of the appeal, the applicant/appellant is entitled to be enlarged on bail.

Accordingly, the application is allowed.

Let appellant-Mohd. Sharif alias Pappu be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned during pendency of this appeal.

On acceptance of the bail bonds, the court below shall transmit the xerox copies thereof to this Court for being kept on record.

Realization of entire fine shall be deposited by the appellant within one month from the date of his release before the Court below.

Order on Appeal List this appeal in due course.

(Jai Prakash Tiwari,J.)

February 25, 2026 Brijesh

BRIJESH KUMAR

High Court of Judicature at Allahabad