Allowed

Raj Kumar Alias Kallu v. State of U.P. and 3 Others

Allahabad HC29 Aug 2024CRLA/3355/2024

Case brief

AI extract

What is this about?

The appellant, convicted under POCSO Act and IPC sections, applied for bail during the pendency of his appeal. The Court granted bail, noting the long jail term since conviction, lack of misuse of previous bail, and remote prospect of early hearing, subject to depositing the fine and furnishing bonds.

What did the court decide?

Appellant enlarged on bail during pendency of appeal upon furnishing personal bond and two sureties, and depositing fine within one month.

Raj Kumar Alias Kallu vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 3355 of 2024

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Appellant :- Raj Kumar Alias Kallu Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Arvind Singh Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Order on Application u/s 389(1) Cr.P.C

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Heard learned counsel for appellant/applicant and learned AGA.

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It has been submitted by learned counsel for the appellant/applicant that the appellant is innocent and has been falsely implicated. It has been further 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. Appellant has no criminal history to his credit except the present case. Learned counsel for applicant further submitted that applicant was on bail during trial and there is hardly any case of misuse of the same. Applicant is languishing in jail since 29.02.2024 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 vehemently opposed the prayer as made in the application but could not dispute the aforesaid facts.

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Keeping in view the aforesaid facts and circumstances of the case, applicant was on bail during trial and there is hardly any case of misuse of the same, no criminal history credited to appellant and considering the unlikelihood of early hearing of appeal due to heavy pendency, without interfering into the merits of the case, I am of the opinion that applicant/appellant is entitled to be enlarged on bail during pendency of appeal. Rest of the other grounds shall be subject matter of final adjudication of the instant appeal.

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Let the applicant/appellant - Raj Kumar Alias Kallu be enlarged on bail in Special S.T. no. 11 of 2019 (State Vs. Raj Kumar Alias Kallu), arising out of Case Crime no. 129 of 2018,

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under Sections 354A, 323, 504 IPC and Section 7 read with 8 POCSO Act, Police Station- Karma, District- Sonbhadra on his furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

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However, it is made clear that in case, entire amount of fine as imposed by learned trial court concerned has not been deposited till today, the same shall be deposited by the appellant within a period of one month from the date of his release.

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As soon as personal 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 the record of this appeal.

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Order on Appeal

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Admit.

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Office shall summon the trial court record and after receiving of the same, prepare paperbook and thereafter serve a copy of the same upon learned Government Advocate as per rules.

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List in due course for hearing.

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Order Date :- 20.9.2024 Vivek Kr.

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Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Raj Kumar Alias Kallu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Raj Kumar Alias Kallu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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