Allahabad High Court; Criminal Appeal; bail during pendency of appeal; Sections 363, 120B IPC; suspension of sentence; stay of fine; POCSO Act; Special Judge Ghazipur.
Appellant released on bail during pendency of appeal; stay of realization of half the fine subject to deposit of 50% of fine. ¶¶19-23
The appellant Radheshyam is 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. ¶¶19-20
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 794 of 2025
Radheshyam
.....Appellant(s)
Versus
State of U.P.
| . | ....Respondent(s) | ||
|---|---|---|---|
| Counsel for Appellant(s) | : Pradeep Kumar Srivastava |
Rai, | Prakhar Saran |
| Counsel for Respondent(s) | : G.A. |
Court No. - 53
HON'BLE SUBHASH CHANDRA SHARMA, J.
In Ref: Criminal Misc. (Suspension of Sentence) Application
Compliance affidavit filed by learned A.G.A. today is taken on record.
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 27.11.2024 passed by learned Special Judge (POCSO Act)/Additional Sessions Judge, Ghazipur in Special Session Trial No.87 of 2016 (State of U.P. vs. Radheshyam) arising out of Case Crime No.499 of 2016, under Section 363, 120B I.P.C., Police Station Zamania, District Ghazipur. It is further prayed that during the pendency of the instant appeal, the appellant may be released on bail, suspend the sentence and the realization of fine imposed against him may kindly be stayed.
It is submitted that in this case appellant is innocent and has falsely been implicated in the present case. Learned trial court has convicted and sentenced the appellant u/s 363, 120B I.P.C. for a period of 5 years with fine of Rs.10,000/- without appreciating the evidence on record in proper manner. Further submitted that he being brother-in-law of other co-accused Sriniwas was also named in the present case. The victim herself clearly stated that he did nothing with her. He further submitted that as per the custody certificate dated 03.03.2025 he has been languishing in jail for a period of 9 months and 22 days and till now it has become 16 months. Further submitted that appellant was on bail during trial but never misused
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the liberty of bail granted to him. 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. 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 period of sentence, the fact that appellant was 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- Radheshyam convicted and sentenced in Special Session Trial No.87 of 2016 (State of U.P. vs. Radheshyam) arising out of Case Crime No.499 of 2016, under Section 363, 120B I.P.C., Police Station Zamania, District Ghazipur, 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 realization of half of the fine awarded to the appellant shall also remain stayed during the pendency of the appeal.
The appellant would be entitled to get the benefit of this order only after depositing 50 % amount of fine.
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
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.
Order on Criminal Appeal
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List in due course.
October 14, 2025 Ashok Gupta
(Subhash Chandra Sharma,J.)
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the sentence of imprisonment and fine should be suspended/stayed during the pendency of the appeal.¶¶13
2 provisions across 2 enactments
How this case reached the court
judgment and order dated 27.11.2024 passed by learned Special Judge (POCSO Act)/Additional Sessions Judge, Ghazipur in Special Session Trial No.87 of 2016 (State of U.P. vs. Radheshyam) arising out of Case Crime No.499 of 2016, under Section 363, 120B I.P.C., Police Station Zamania, District Ghazipur¶¶13
Special Judge (POCSO Act)/Additional Sessions Judge, Ghazipur · 27.11.2024
The trial court convicted and sentenced the appellant under Sections 363, 120B IPC for a period of 5 years with fine of Rs.10,000/-. The appellant was on bail during trial and never misused the liberty. As per custody certificate dated 03.03.2025, he has been in jail for 9 months 22 days, now 16 months.¶¶14
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
