Sabir Ali vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Sabir Ali vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Suspension of sentence / bail during pendency of appeal granted: appellant Sabir Ali released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Appeal admitted, trial court record summoned, notice issued to respondent nos. 3 and 4 returnable within four weeks, matter to be listed in due course. The prayer for stay of realization of fine was not expressly addressed in the operative order.

Issue for consideration

Whether the appellant, convicted and sentenced to three years' rigorous imprisonment by the trial court, should be released on bail / have his sentence suspended during the pendency of the criminal appeal. +1 more

Court's answer

Without commenting on the merits, the Court was inclined to release the appellant on bail during the pendency of the appeal, considering the nature of the evidence adduced by the parties, his release on interim bail by the trial court, that he was on bail during trial without misusing the liberty of bail, and that hearing of the appeal was not possible in the near future.

Ratio / Principle

Appellant Sabir Ali was directed to be released on bail during the pendency of the appeal on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned; on acceptance of bail and personal bonds, the lower court is to transmit photostat copies thereof to this Court.

Key takeaways

The criminal appeal was admitted.ratio¶8
Notice was issued to respondent nos. 3 and 4, returnable within four weeks.ratio¶10

Detailed headnote1 paragraphs

Criminal Appeal No. 10405 of 2025 (CRLA), High Court of Judicature at Allahabad, decided November 14, 2025 by Subhash Chandra Sharma, J. — Appeal under S. 415(2) B.N.S.S. by Sabir Ali against the judgment and order dated 22.09.2025 of the Additional/Special Judge (POCSO Act), Hapur in Special Session Trial No. 49 of 2019 (State vs. Sabir Ali), arising out of Case Crime No. 655 of 2018, under Section 506 I.P.C. & Section 7/8 POCSO Act, P.S. Dhaulana, District Hapur, whereby the appellant was convicted and sentenced to three years' rigorous imprisonment with fine. The appeal was admitted, the trial court record summoned, and notice issued to respondent nos. 3 and 4 returnable within four weeks. In the Criminal Misc. (Suspension of Sentence) Application No. 01 of 2025, considering the nature of the evidence, the appellant's release on interim bail by the trial court, that he was on bail throughout the trial without misusing the liberty of bail, and that hearing of the appeal was not possible in the near future, the Court, without commenting on the merits, released the appellant on bail during the pendency of the appeal on furnishing a personal bond and two sureties each in the like amount.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 10405 of 2025

Sabir Ali

.....Appellant(s)

Versus State Of U.P. And 3 Others .....Respondent(s) Counsel for Appellant(s) : Chandrajeet Counsel for Respondent(s) : G.A.

Court No. - 53

HON'BLE SUBHASH CHANDRA SHARMA, J.

In Re: Criminal Appeal

Admit.

Summon the trial court record.

Issue notice to the respondent nos.3 & 4 returnable within four weeks.

List in due course.

In Ref: 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.

The present criminal appeal u/s 415(2) B.N.S.S. has been preferred with prayer to allow the appeal and set aside the judgment and order dated 22.09.2025 passed by learned Additinal Session Judge/Special Judge, POCSO Act, Hapur in Special Session Trial No.49 of 2019 (State vs. Sabir Ali) arising out of Case Crime No.655 of 2018, under Section 506 I.P.C. & Section 7/8 POCSO Act, Police Station Dhaulana, District Hapur. It is further prayed that during the pendency of the instant appeal, the appellant may be released on regular bail, suspend the sentence

CRLA No. 10405 of 2025

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and the realization of fine imposed against him may kindly be stayed.

It is submitted that in this case the learned trial court did not consider the evidence on record in proper way but convicted and sentenced the appellant for a period of 3 years rigorous imprisonment and released him on interim bail during the period of filing of this appeal. Further submitted that appellant was on bail during trial but never misused the liberty of bail granted to him. The fine awarded by the learned trial court has already been deposited. It is also submitted that the appeal is also likely to take some time for final disposal, therefore, requested to release him on bail during the pendency of present criminal appeal.

On the other hand, learned A.G.A. as well as learned counsel for the opposite party opposed the bail application and supported the trial court's judgement.

Considering the facts and circumstances of the case in particular the nature of evidence adduced by the parties, the fact that he was released on interim bail by the learned trial court, the appellant was also on bail during trial but never misused the liberty of bail and the fact that hearing of the appeal is not possible in near future, without further commenting on merit of the case, I am inclined to release the appellant on bail.

Let appellant- Sabir Ali , be released on bail during the pendency of this appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

On acceptance of bail and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.

The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by representative/counsel of the appellant (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked

CRLA No. 10405 of 2025

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

November 14, 2025 Ashok Gupta

(Subhash Chandra Sharma,J.)

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