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

Taimur Nisha 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 granted and appellant released on regular bail pending appeal, on a personal bond and two sureties each in the like amount, subject to deposit of 50% of the fine within 45 days from the date of the order; the pending Criminal Appeal No. 2142 of 2025 was admitted ('Admit.'), the Trial Court record summoned, and the matter listed in due course in the daily cause list.

Issue for consideration

Whether the appellant's sentence awarded by the trial court judgment dated 31.01.2025 should be suspended and the appellant released on bail pending final disposal of the pending Criminal Appeal No. 2142 of 2025.

Court's answer

Having regard to the facts and circumstances, the sentence awarded to the appellant, the evidence on record, the trial court's findings, the absence of any other criminal history, and the time likely to be taken for final disposal of the appeal, and without further commenting on the merits, the court was inclined to release the appellant on bail pending appeal.

Ratio / Principle

The appellant was ordered to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.

Key takeaways

As a condition attached to the release on bail, the appellant was directed to deposit 50% of the fine within 45 days from the date of the order; on acceptance of the bail bonds, the concerned court was directed to transmit photostat copies thereof to this Court for the appeal record.ratio¶23

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 78 (single member: Nand Prabha Shukla, J.), Criminal Appeal No. 2142 of 2025 — Order dated September 23, 2025 on Criminal Misc. Suspension of Sentence Application: appellant-applicant Taimur Nisha, sentenced by Judgment and Order dated 31.01.2025 passed by the Special Judge (POCSO Act-Ananya), Rampur in S.S.T. No. 138 of 2018 (State Vs. Taimur Nisha) arising out of Case Crime No. 423 of 2018, under Section 17 of the Protection of Children from Sexual Offences Act (Police Station Bilaspur, District-Rampur), sought suspension of sentence and bail pending hearing of the appeal. Counsel contended false implication, no misuse of liberty of bail during trial, and no likelihood of early hearing; the A.G.A. opposed but could not dispute the facts. Without commenting on merits, and noting the appellant was already on interim bail, the court considered the sentence awarded, the evidence on record, the trial court's findings, absence of any other criminal history, and time for final disposal of the appeal, and inclined to release the appellant on bail pending appeal on a personal bond and two sureties each in the like amount, conditional on deposit of 50% of the fine within 45 days from the date of the order; accepted bonds to be transmitted by the concerned court to this Court. The appeal was admitted, the trial court record summoned, and listing deferred to due course. Counsel: Laxmi Kant Bhatt (for appellant); G.A. (for State). Digitally signed by Shivani Srivastava, High Court of Judicature at Allahabad.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 2142 of 2025

Taimur Nisha

.....Appellant(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Appellant(s)	: Laxmi Kant Bhatt
Counsel for Respondent(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Order on Criminal Misc. Suspension of Sentence Application

Heard learned counsel for the appellant/applicant, learned A.G.A. for the State and perused the record.

The instant Bail Application has been filed in the pending criminal appeal against the Judgment and Order dated 31.01.2025 passed by learned Special Judge (POCSO Act-Ananya), Rampur in S.S.T. No. 138 of 2018 (State Vs. Taimur Nisha) arising out of Case Crime No. 423 of 2018, under Section 17 of the Protection of Children from Sexual Offences Act, Police StationBilaspur, District-Rampur.

By means of the present bail application, the appellant/applicant seeks suspension of sentence and grant of bail.

It has been contended by learned counsel for the appellant that the appellant has been falsely implicated. It has also been submitted that the appellant was on bail during trial and has not misused the liberty of bail. Since there is no likelihood of early hearing of the appeal in near future, the appellant may be released on bail in the pending appeal. Besides the above submissions, learned counsel for the appellant has also tried to touch upon at length the circumstances which led to the false implication of accused-appellant.

On the other hand, learned A.G.A. vehemently opposed the bail application but could not dispute the aforesaid facts.

Considering the fact that the appellant is already on interim bail and there is nothing on record to demonstrate that if the appellant is enlarged on regular

CRLA No. 2142 of 2025

2

bail, would affect the final hearing of the appeal.

Having regard to the facts and circumstances of the case, sentence awarded to the appellant, the evidence available on record and the findings recorded by the Trial Court thereon, there is no other criminal history of the appellant, and the fact that the appeal may take some time for its final disposal, without further commenting on the merits of the case, I am inclined to release the appellant on bail.

Let the appellant/applicant- Taimur Nisha be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned.

Appellant shall deposit 50% of the fine within 45 days from the date of the order.

On acceptance of bail bonds and personal bonds, the concerned Court shall transmit photostat copies thereof to this Court to be kept along with the record of this appeal.

Order on Appeal

Admit.

Summon the Trial Court record.

List in due course in the daily cause list.

September 23, 2025 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad