Allowed¶16

Badal v. State of U.P. and 3 Others

Allahabad HC11 Dec 2025CRLA/11511/2025

Case brief

AI extract

What is this about?

POCSO bail pending appeal; suspension of sentence; Criminal Appeal 11511 of 2025; Badal v. State of U.P.; Allahabad High Court; Section 374(2) Cr.P.C.; Section 415(2) BNSS; Section 7/8 POCSO Act; Case Crime No. 0366 of 2022; Police Station Highway, Mathura; three years imprisonment with fine; personal bond and two sureties; appeal admitted; notice to respondents 2 and 3; December 11, 2025.

What did the court decide?

Suspension-of-sentence application allowed: appellant released on bail during pendency of the appeal 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, and notice issued to respondent nos. 2 and 3 returnable within four weeks. ¶16

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant, convicted and sentenced to three years' imprisonment with fine, should be released on bail with suspension of his sentence during the pendency of the criminal appeal. +1 more

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Court's answer

Considering the facts and circumstances, the submissions of counsel and the A.G.A., and the unlikelihood of the appeal being heard in the near future, the court was inclined to release the appellant on bail without commenting on the merits of the case.

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Ratio / Principle

Appellant Badal 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.

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Key takeaways

On the appeal, the court admitted the criminal appeal.ratio¶22
The trial court record was directed to be summoned.ratio¶23
Notice was ordered to be issued to respondent nos. 2 and 3, returnable within a period of four weeks, with the matter to be listed in due course.ratio¶24

Detailed headnote1 paragraphs

Allahabad High Court (Subhash Chandra Sharma, J.), December 11, 2025, in Criminal Appeal No. 11511 of 2025 (Badal v. State of U.P. and 3 Others), an appeal under Section 374(2) Cr.P.C./415(2) of B.N.S.S. against conviction and sentence of three years' imprisonment with fine in Special Sessions Case No. 1012 of 2022 (State Versus Babal and others), arising out of Case Crime No. 0366 of 2022 under Section 7/8 of POCSO Act, Police Station Highway, District Mathura: the court, without commenting on the merits, released the appellant on bail during the pendency of the appeal on a personal bond and two sureties each in the like amount (fine already deposited; appellant previously on interim bail). The appeal was admitted, the trial court record summoned, and notice issued to respondent nos. 2 and 3, returnable within four weeks. No precedent was cited.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL APPEAL No. - 11511 of 2025

Badal

.....Appellant(s)

Versus

State Of U.P. And 3 Others

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.....Respondent(s)

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Counsel for Appellant(s)	: Jitendra Kumar Mishra
Counsel for Respondent(s)	: G.A.

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Court No. - 53

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HON'BLE SUBHASH CHANDRA SHARMA, J.

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Order on Criminal Misc. Suspension of Sentence Application:-

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Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the material on record.

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This criminal appeal under Section 374(2) Cr.P.C./415(2) of B.N.S.S. has been preferred with prayer to allow the application and release the appellant on bail, suspend the sentence of conviction of appellant in Special Sessions Case No. 1012 of 2022 (State Versus Babal and others) arising out of Case Crime No. 0366 of 2022 under Section 7/8 of POCSO Act, Police Station Highway, District Mathura.

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It is submitted by learned counsel for the appellant that the learned trial court did not appreciate the evidence on record in proper way but convicted and sentenced the appellant for a period of three years imprisonment with fine and released him on interim bail till filing of this appeal and fine has already been deposited. Since hearing of appeal is also not likely to be completed in near future, therefore, request to release the appellant on bail during the pendency of appeal.

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Learned A.G.A. opposed the bail.

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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 and none possibility of hearing of appeal in near future; without further commenting on merit of the case, I am inclined to release the appellant on bail.

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CRLA No. 11511 of 2025

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Let appellant Badal 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.

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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.

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Order on Appeal

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Admit

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Summon the trial court record.

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Issue notice to respondent no. 2 and 3, returnable within a period of four weeks.

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List in due course.

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December 11, 2025 Suraj Srivastav