Rohit Kumar vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Rohit Kumar vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Appeal admitted; lower court record summoned; notice to respondent no.2 through C.J.M. with steps within a week and A.G.A. to serve respondents nos. 2, 3 and 4; interim bail extended till next date of listing (27.03.2026); appellant to deposit half of the fine with bail bonds before the Court below within a month, remaining half of fine stayed during pendency of appeal; objection/counter affidavit permitted by next date.

Issue for consideration

Whether the conviction and sentence imposed on the appellant under Section 354 I.P.C. and Section 8 POCSO Act by the impugned judgment and order dated 29.01.2026 calls for interference in this criminal appeal.

Court's answer

The criminal appeal is admitted.

Ratio / Principle

The interim bail granted by the trial court is extended till the next date of listing (27.03.2026).

Key takeaways

The appellant is directed to deposit half of the fine along with the bail bonds before the Court below within a month; the remaining half of the fine shall remain stayed during the pendency of the appeal.ratio¶13

Detailed headnote1 paragraphs

Criminal appeal (Criminal Appeal No. - 395 of 2026, High Court of Judicature at Allahabad, Lucknow Bench, Court No. 27) filed by Rohit Kumar against conviction under Section 354 I.P.C. and Section 8 POCSO Act in Session Case No.416 of 2024 (Case Crime No.232 of 2022, P.S. Motiganj, District Gonda), wherein the trial court awarded maximum sentence of three years imprisonment with concurrent sentences. Order dated February 11, 2026 by Hon'ble Ram Manohar Narayan Mishra, J.: appeal admitted; lower court record summoned; notice issued to respondent no.2 through C.J.M., returnable at an early date, with A.G.A. to serve respondents nos. 2, 3 and 4; interim bail earlier granted by the trial court under Section 389 (3) Cr.P.C. extended till the next date of listing (27.03.2026); appellant directed to deposit half of the fine along with bail bonds before the Court below within a month, the remaining half remaining stayed during the pendency of the appeal.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 395 of 2026

Rohit Kumar

.....Appellant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

.....Respondent(s)

Counsel for Appellant(s) Counsel for Respondent(s)	: Anand Pratap Singh : G.A.

Court No. - 27

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the appellant and learned A.G.A. for the State.

Instant criminal appeal has been preferred against the impugned judgment and order dated 29.01.2026 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Gonda in Session Case No.416 of 2024 "State Vs. Rohit Kumar", arising out of Case Crime No.232 of 2022, under Sections 354 IPC & Section 7/8 POCSO Act, Police Station Motiganj, District Gonda.

Learned counsel for the appellant submitted that the appellant has been convicted of charge under Section 354 I.P.C. and Section 8 POCSO Act and maximum sentence of three years imprisonment has been awarded to him as both the sentences are directed to run concurrently.

He next submitted that the appellant has been released on interim bail under Section 389 (3) Cr.P.C. by the learned trial court vide order dated 29.01.2026.

Admit.

Summon the lower court record.

Issue notice to respondent no.2 which shall be served through C.J.M. concerned, returnable at an early date.

CRLA No. 395 of 2026

2

Steps within a week.

Learned A.G.A. to also get the notices served upon respondent nos.2, 3 and 4 at his/ her own end.

List on 27.03.2026.

Objection/ Counter affidavit, if any, be filed by the next date.

The interim bail granted by the trial court is extended till the next date of listing.

It is directed that the appellant shall deposit half of the fine along with the bail bonds before the Court below within a month from today and the remaining half shall remain stayed during the pendency of the appeal.

(Ram Manohar Narayan Mishra,J.)

February 11, 2026

Mohd. Sharif

Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench