Manoj Kumar vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Manoj Kumar vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Appellant Manoj Kumar to be released on bail in Sessions Trial No.60/2018 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) cooperation in disposal of the appeal and appearance as and when required; (ii) furnishing of copy of bail bonds to this Court after acceptance by the C.J.M./court concerned; (iii) half of the fine imposed by the trial court stayed, the remaining half to be deposited within two months from release on bail.

Issue for consideration

Whether the applicant (appellant convicted on 18.11.2023 in Sessions Trial No.60/2018 under Sections 363, 366, 376D IPC and Sections 5/6 POCSO Act) should be enlarged on bail pending disposal of Criminal Appeal No.163 of 2024.

Court's answer

Bail application allowed: the applicant is a fit case for enlargement on bail during pendency of the appeal, considering that he was on bail during trial without misusing the liberty, is in jail since 18.11.2023, and there is lack of corroborative medical evidence; the Court expressly expressed no opinion on the merits of the case.

Ratio / Principle

As a condition of release, half of the fine imposed by the trial court is stayed and the remaining half shall be deposited by the appellant within two months from his release on bail.

Detailed headnote1 paragraphs

Appellate/post-conviction bail granted — Allahabad High Court (Lucknow Bench, Court No. 16), Criminal Appeal No. 163 of 2024 (Manoj Kumar v. State of U.P. Thru. Prin. Secy. Home And Another), Karunesh Singh Pawar, J., order dated 9.1.2025. The appellant, convicted on 18.11.2023 by the Additional Sessions Judge/Special Judge (POCSO Act), Court No. 44, Barabanki, in Sessions Trial No. 60/2018 (Case Crime No. 31 of 2018, P.S. Ghunghter) under Sections 363, 366, 376D IPC and Sections 5/6 of the Protection of Children from Sexual Offences Act, 2012, was enlarged on bail pending disposal of the appeal. Grounds: he was on bail throughout the trial and did not misuse the liberty; he is in jail since 18.11.2023; and there is lack of corroborative medical evidence in support of the prosecution case. The Court expressly expressed no opinion on the merits. Release ordered on a personal bond and two sureties each in the like amount, with conditions including cooperation in disposal of the appeal, furnishing of accepted bail bonds to the Court, and deposit of the unstayed half of the trial-court fine within two months of release (the other half being stayed).

Court No. - 16

Case :- CRIMINAL APPEAL No. - 163 of 2024

Appellant :- Manoj Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Appellant :- Anurag Singh Counsel for Respondent :- G.A.,Rajesh Kumar,Suhail Kashif

Hon'ble Karunesh Singh Pawar,J.

Order on Application for Bail

Heard Mohd. Adil Khan as well as Shri Anurag Singh, learned counsel for the appellant-applicant and learned A.G.A. for the State.

This bail application has been moved on behalf of applicant, who was convicted by the judgment and order dated 18.11.2023 passed by Additional Sessions Judge/Special Judge (Protection of Children from Sexual Offences Act, 2012), Court No.44, Barabanki, in Sessions Trial No.60/2018, arising out of Case Crime No.31 of 2018, under Sections 363, 366, 376D IPC and Sections 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Ghunghter, District Barabanki.

Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in this case. He submits that applicant has no criminal history. In the prosecution case as well as in the statement of the victim under Section 164 Cr.P.C. before the court the allegation of committing rape was made against the present applicant as well as co-accused Subhash however, without recording any specific finding learned trial court has given perverse finding against the present applicant. There is lack of corroborative medical evidence in support of the prosecution case. The applicant has no criminal history.

The applicant is in jail since 18.11.2023. The appellant was on bail during trial and he did not misuse liberty of bail granted to him. It is further submitted that there is no likelihood that this appeal may be heard in near future whereas the speedy justice is the fundamental rights of the appellant. The appellant has every hope of success in the appeal.

Learned A.G.A. has opposed prayer for bail but has admitted the aforesaid position.

In the above-mentioned facts and circumstances of the case and the fact that applicant was on bail during trial however, has not misused the liberty of bail, applicant is in jail since 18.11.2023, lack of corroborative medical evidence and without expressing any opinion on the merits of the case, I find it a fit case for enlarging the applicant on bail. Accordingly, bail application is allowed.

Let appellant Manoj Kumar be released on bail in the aforesaid sessions trial on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) List this appeal on it turn and the appellant shall cooperate for disposal of this appeal and shall appear as and when it required.

(ii) The copy of bail bonds be furnished to this Court after accepting it by the C.J.M./court concerned.

(iii) Half of the fine imposed by the trial court is stayed and the remaining half shall be deposited by the appellant within two months from his release on bail.

Order Date :- 9.1.2025 Saurabh Yadav/-

Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench