Nanha Buddha @ Om Prakash vs State of U.P. and 3 Others

This criminal appeal has been preferred with prayer to allow the application and release the appellant on bail, suspend the sentence of the appellant in S.S.T. No. 97 of 2014, (State Versus Nanha Buddha @ Om Prakash and another) arising out of Case Crime No. 323 of 2014 under Sections 363, 366, 368, 376 IPC and 3/4 POCSO Act, Police Station Bidhnu, District Kanpur Nagar, arising out of judgment and order dated 23.9.2025 passed by AdditionalSessions Judge/ Special Judge, (POCSO Act), Court No. 22, Kanpur Nagar, whereby the appellant has been awarded the maximum sentence of fourteen years' rigorous imprisonment and total fine of Rs. 70,000/- with default stipulation and further prays to stay realization of fine during the pendency of appeal.

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Learned counsel for the appellant submits that applicant is innocent and has been falsely implicated in the present case. Further submits that the learned trial court did not appreciate the evidence on record in proper way but convicted and sentenced the appellant for a maximum period of fourteen years imprisonment with fine. Further submits that as per prosecution case, victim was consenting party. Further submits that as per custody certificate, appellant/applicant has served more than three and half

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CRLA No. 1542 of 2026

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2

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years. Further, medical report does not corroborate the prosecution case. Further submits that appellant was on bail during the pendency of trial and did not misuse the liberty of bail. Applicant is in jail since 23.9.2025 and he is not having any other criminal history. Judgment and order passed by learned trial court is based on conjectures and surmises and absolutely there is no evidence against the appellant. 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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Per contra, learned AGA has opposed the prayer for bail of the appellant.

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Having considered the rival submissions made by learned counsel for the parties and on perusal of the record, it is evident that as per doctor, who conducted the medical examination, no internal or external injury was found on the person of the victim, maximum sentence awarded to the appellant is for a period of 14 years and as per custody certificate, he has served more than three and half years and the final disposal of the appeal likely to take time, as such, the appellant has made out a case for bail.

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The prayer for bail is accordingly allowed .

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Let the appellant- Nanha Buddha @ Om Prakash be released on bail in the aforementioned case crime number during pendency of this appeal on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

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On acceptance of bail bonds, the court below shall transmit the xerox copies thereof to this Court for being kept on record.

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Realization of entire fine shall be deposited by the appellant within 45 days from the date of his release before the Court below.

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Order on Appeal

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List in due course.

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(Jai Prakash Tiwari,J.)

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February 19, 2026 KK Patel