Surendra vs State of U.P. and 3 Others

This criminal appeal under Section 415(2) of B.N.S.S. has been preferred with prayer to allow the application and release the applicant/appellant on bail, suspend the sentence of the applicant/appellant in S.S.T. No. 90/2016, (State Versus Surendra) arising out of Case Crime No. 1145/2016 under Sections-363, 366, 376 IPC and Section- 3/4 POCSO Act, Police Station Jahanabad, District Pilibhit arising out of judgment and orders dated 25.02.2025/27.02.025 passed by Additional District and Sessions Judge (Rape & POCSO Act) Court No.2, Pilibhit whereby the applicant/appellant has been awarded the maximum sentence of ten years' rigorous imprisonment and a fine of Rs. 32,000/- with default stipulation.

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Learned counsel for the applicant/appellant submits that applicant is innocent and has been falsely implicated in the present case. Further, the learned trial court did not appreciate the evidence on record in proper way but convicted and sentenced the applicant/appellant for a maximum period of ten years imprisonment with fine . It is further submitted that the victim was a consenting party and left her house of her own free will. It is further submitted that the statements of the witnesses are contradictory. No marks of injury were found, and no signs of rape were reported in the medical examination. It is further submitted that there is no previous

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CRLA No. 2578 of 2025

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2

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criminal history to the credit of the applicant/appellant. It is seen from the Custody Certificate that the appellant has spent more than 1 years of actual period of sentence in jail. Further, applicant/appellant was on bail during the pendency of trial and did not misuse the liberty of bail. Judgment and order passed by learned trial court is based on conjectures and surmises and absolutely there is no evidence against the applicant/appellant. Since hearing of appeal is also not likely to be completed in near future, therefore, request to release the applicant/appellant on bail during the pendency of appeal.

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Per contra, learned AGA has opposed the prayer for bail of the applicant/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 maximum sentence awarded to the applicant/appellant is for a period of ten years and the final disposal of the appeal will 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 applicant/appellant- Surendra be released on bail during the pendency of the instant appeal in the aforementioned case crime number on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to deposition of entire amount of fine, if not already deposited.

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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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Order on Appeal

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List in due course.

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(Jai Prakash Tiwari,J.)

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January 22, 2026 S.K.

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Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad

Surendra v. State of U.P. and 3 Others

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Surendra v. State of U.P. and 3 Others

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