Umesh Kumar @ Nanhey vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Criminal Appeal Under Section-415 (2) of B.N.S.S. of 2023 and 374 (2) of Cr.P.C. against judgment and order dated 15.7.2025 passed by Learned Special Judge (POCSO Act), Lakhimpur-Kheri. In Special Session Case No. 44 of 2014, State Versus Umesh Kumar @ Nanhey and Another arising out of Case Crime No. 60 of 2014,registered in Police Station- Mohammadi, District-Lakhimpur-Kheri. Whereby Learned Special Judge, (POCSO. Act). Lakhimpur-Kheri has convicted the appellant for offences Under Section-354 IPC, Under Section-323 of IPC One Year Simple Imprisonment and fine of Rs. One Thousand each in default of payment of fine one month simple imprisonment, Under Section-506 of IPC one year simple imprisonment and fine of Rs. one thousand in default of payment of fine one month additional simple imprisonment, Under Section 8 of POCSO, 2012 Four Years Imprisonment and fine of Rs. 5000/ in default of payment of fine Two months additional simple Imprisonment, all the sentences shall run concurrently

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Learned counsel for the appellant submits that according to prosecution version the appellant and co-accused acting with common intention grab the minor daughter of the informant to outraged her modesty. On

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CRLA No. 2382 of 2025

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screaming the informant and witnesses rushed from the spot and they were caught by the crowd .

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He next submitted that appellant was enlarged on bail during trial and there is no allegation regarding misuse of liberty of bail. Learned trial court has described the injury of the victim in para-43 in the judgment which were abraded contusions on the face and forehead and right hand of the victim. The trial court has observed that these injuries might have been caused on that attempt to commit the offence. The appellant has been falsely implicated in the case. The appellant has undergone two years and two months total imprisonment out of four years imprisonment awarded by trial court in the impugned judgment and order. Therefore, he deserves to be released on bail in light of the directions of the Hon'ble Supreme Court in Criminal Appeal No.308 of 2022, arising out of Special Leave Petition (Crl.) No.4633 of 2021, Saudan Singh Vs. State of U.P .

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Per contra, the learned AGA has opposed the prayer for grant of bail . However, he did not dispute the other contentions made by learned counsel for the appellant which are based on record.

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Considering the submissions of learned counsel for the parties and the totality of facts and circumstances of the case, nature of offenses, nature of allegations and keeping in view the fact that the appellant has already undergone half of the actual sentence awarded by trial court in the impugned judgment and order and without expressing any view on the merits of the case, I find it to be a fit case for bail.

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Let the appellant,namely, Umesh Kumar @ Nanhey be released on bail in the aforesaid Sessions Trial number during the pendency of appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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On acceptance of bail bonds and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on record.

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The appellants has undertaken not to indulge into any anti-social activity particularly against the informant and in the event of any such incident it shall be open to the complainant to make an application for cancellation of bail.

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As regards fine, half of the amount of fine will be deposited on behalf of the appellant before his release from jail pursuant to present bail order, the remaining half of the fine shall be stayed during pendency of the appeal.

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Order of Appeal

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CRLA No. 2382 of 2025

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List the appeal in due course for hearing.

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(Ram Manohar Narayan Mishra,J.)

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January 30, 2026 dk/

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Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Umesh Kumar @ Nanhey v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

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Umesh Kumar @ Nanhey v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

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