Allowed

Titoo Singh v. State of Up Others

Allahabad HC4 Jul 2024CRLA/32/2024

Case brief

AI extract

What is this about?

The High Court of Allahabad considered an application for bail during the pendency of criminal appeal, acquitting the need to adjudicate merits and granting bail due to lack of criminal history and remote prospect of early hearing. The court rejected reliance on the victim's age discrepancy as a merit issue for now.

What did the court decide?

Appellant Titoo Singh released on bail on personal bond and two sureties pending appeal.

Titoo Singh vs State of Up Others — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 32 of 2024

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Appellant :- Titoo Singh Respondent :- State Of Up Others Counsel for Appellant :- Shubham Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Order on Application under Section 389(1) Cr.P.C.

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Heard Sri B.K Tripathi, learned counsel for the appellantapplicant and learned A.G.A. for the State.

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It is argued by the learned counsel for the appellant that the Special Judge POCSO Act Maharajganj while extending the sentence of 4 years along with fine of Rs. 4000/- against the appellant vide order dated 18.12.2021 determined the age of victim as 15 years whereas the age of victim has been assessed by the proper medical examination as 19 years. The same has been proved before the trial court by Dr. Salini as PW-4. In spite of the same, the conviction has been extended under Section 8 of POCSO Act against the appellant. Rest other ground taken in the appeal shall be subject to the outcome of final adjudication of the appeal.

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It has further been submitted by learned counsel for the appellant/applicant that the appellant is innocent and has been falsely implicated. It has been submitted that the conviction and sentence imposed by the learned trial Judge is against the weight of evidence on record. The trial court has misread the evidence on record and convicted the appellant. The prosecution has not been able to prove its case beyond reasonable doubt. Applicant is languishing in jail since 18.12.2023 and he undertakes not to misuse the liberty of bail, if granted by this Court since prospect of the appeal being heard in the near future, is extremely remote, hence the applicant/appellant is entitled to be released on bail during pendency of appeal.

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Per contra , learned AGA opposed the arguments made by the learned counsel for the appellant but did not dispute the fact that the appellant is having no criminal history to his credit and he has not misused the liberty of bail during trial.

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Considering the rival submissions extended by learned counsel

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for the parties as well as considering the unlikelihood of early hearing of appeal due to heavy pendency, punishment awarded and custody period as well as applicant has no other criminal history, at this stage without commenting on the merits of the case, I find it to be a fit case for grant of bail during pendency of the appeal. Rest of the other grounds shall be subject matter of final adjudication of this appeal.

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Let the applicant-appellant, Titoo Singh , be released on bail on his furnishing personal bond and two sureties in the like amount to the satisfaction of court concerned in Special Sessions Trial No. 17 of 2014 [State vs. Titoo Singh], arising out of Case Crime No. 130 of 2014 under Section 457, 354, 506(2) IPC and Section 8 of POCSO Act, and section 3 (1) 10 of SC/ST Act, P.S. Brijmanganj, District- Maharajganj.

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As soon as personal bonds and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by court concerned to be kept on record of this appeal.

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Order on Appeal

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List in due course.

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Order Date :- 4.7.2024 Gss

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Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad

Titoo Singh v. State of Up Others

Case brief

What is this about?

What did the court decide?

Titoo Singh v. State of Up Others

Case brief

What is this about?

What did the court decide?

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