Criminal appeal with bail application against conviction under Sections 354, 452, 506 IPC by Special Judge (POCSO), Sitapur. Appellant was on bail during trial without misuse. Court admitted the appeal, summoned trial court record, and allowed bail subject to conditions.
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Court No. - 11
Case :- CRIMINAL APPEAL No. - 2084 of 2024
Appellant :- Dhanpal @ Pramod Kumar Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko Counsel for Appellant :- Anand Kumar,Ambarish Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Abdul Moin,J.
Order on Appeal
Order on First Bail Application
1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
2. A prayer for bail has been made by the appellant in this criminal appeal, which has been filed against the Judgment and order dated 03.06.2024 passed by Additional Sessions Judge, Court No.14/Special Judge (POCSO) Act, Sitapur in S.T. No. 177/2016 arising out of crime no. 194/2016, under Section 354, 452, 506 IPC, Police Station - Sidhauli, District Sitapur.
3. Learned counsel for the appellant submits that appellant was falsely implicated in the present case. He further submits that during trial, appellant was on bail and he did not misuse the liberty of bail. He further submits that trial court failed to appreciate the evidence deposed by the prosecution witnesses in the correct prospective. He further submits that there is no possibility of conclusion of the appeal in near future, hence, the appellant is entitled for bail.
4. Learned A.G.A. opposes the prayer for bail and submits that conviction of the appellant is on the basis of evidence on record.
5. Having heard the submission made by learned counsel for the appellant as well as learned A.G.A and perused the material brought on record, this Court is of the view that appellant is entitled to be
released on bail during the pendency of criminal appeal before this Court.
6. Hence, prima facie, case for bail is made out, at this stage.
7. Accordingly, the application for bail is allowed.
8. Let the appellant- Dhanpal @ Pramod Kumar involved in aforesaid case be released on bail on furnishing a personal bond of Rs. 25,000/with two sureties in the like amount subject to following conditions:-
(i) Fine imposed by the trial court shall be deposited by the appellant at the time of his release.
(ii) The appellant shall cooperate in the disposal of appeal without seeking unnecessary adjournment.
(iii) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial court concerned to be kept on record of this appeal.
Order Date :- 4.7.2024 prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a convicted appellant should be released on bail during pendency of the criminal appeal against conviction under Sections 354, 452, 506 IPC.
1 provisions across 1 enactments
Dhanpal @ Pramod Kumar
State of U.P. Thru. Secy. Home Deptt. Lko
Abdul Moin
As recorded by the court registry
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