Josaf vs State of U.P. and 3 Others

This Criminal appeal under Section 374 (2) of the Criminal Procedure Code has been preferred by the appellant- Josaf against the conviction and sentence recorded vide judgment and order dated 09.02.2024 passed by the Special Judge Pocso Act in Special Case No. 18 of 2016, arising out of case crime no. 63 of 2016, under Sections 363 I.P.C., P.S. Bilaspur, DistrictRampur.

Heard learned Counsel for the appellant-applicant as well as the learned AGA for the State.

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

It has been submitted by learned counsel for the appellant 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. It is further submitted that the appellant has never misused the liberty of bail. It has been further 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 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. It is lastly submitted that maximum sentence of five years rigorous imprisonment has been awarded to the

CRLA No. 3614 of 2024

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appellant in this case.

I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record including the impugned judgment.

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, appellant was on bail during trial but no instance of misuse of the bail has been brought to the notice of the Court 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 above named accused-appellant- Josaf be released on bail in aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned.