Omkar vs State of Up and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Omkar vs State of Up and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Release of appellant-Omkar on bail during pendency of the appeal on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned; bail bonds to be transmitted by the court below to the High Court; deposit of the entire fine within one month from the date of the order; appeal to be listed in due course.

Issue for consideration

Whether the appellant, convicted and sentenced by the trial court (maximum three years' rigorous imprisonment under Section 8 POCSO Act), should be released on bail during the pendency of Criminal Appeal No. 4749 of 2024 (suspension of sentence/bail application). +1 more

Court's answer

Considering that the maximum sentence awarded was three years, the appellant was already on interim bail granted by the trial court (extended by this Court), and the appeal was not likely to be heard in the near future, the Court was inclined to release the appellant on bail during the pendency of the appeal, without commenting on the merits of the case.

Ratio / Principle

The bail/suspension of sentence application was allowed; appellant-Omkar to be released on bail during pendency of the appeal on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Key takeaways

The entire fine shall be deposited by the appellant within one month from the date of the order (the prayer for stay of realization of fine was not granted in the terms prayed).ratio¶24
On the appeal itself, the Court directed that the appeal be listed in due course (appeal not decided on merits).ratio¶26

Detailed headnote1 paragraphs

Suspension of sentence / bail during pendency of appeal — appellant convicted in Sessions Trial No. 47 of 2016 (State vs. Omkar), arising out of Case Crime No. 335 of 2015, under Sections 376, 511, 506(II) IPC and Section 7/8 POCSO Act, PS Baniyather, District Sambhal, by judgment dated 19.03.2024 of Additional District and Sessions Judge/Special Judge (POCSO Act), Court No. 3, Moradabad — maximum sentence of three years' rigorous imprisonment under Section 8 POCSO Act with fine of Rs. 15,000/- (three months' additional imprisonment in default) — appellant already on interim bail granted by the trial court and extended by the High Court — hearing of appeal not likely in the near future — bail application allowed without commenting on merits; appellant to be released on personal bond and two sureties each in the like amount; entire fine to be deposited within one month; appeal to be listed in due course. (Jai Prakash Tiwari, J.; High Court of Judicature at Allahabad; order dated February 6, 2026 as printed.)

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 4749 of 2024

Omkar

.....Appellant(s)

Versus

State Of Up And 3 Others

.....Respondent(s)

Counsel for Appellant(s)	: Jai Karan Nath
Counsel for Respondent(s)	: G.A.

Court No. - 92

HON'BLE JAI PRAKASH TIWARI, J.

Order on Criminal Misc. Suspension of Sentence/Bail Application No. 01 of 2024

As per office report, notice has been served upon the informant/opposite party no. 2 personally. Despite notice, no one is present on behalf of the informant.

Heard learned counsel for the appellant, as well as learned A.G.A. for the State and perused the material on record.

This criminal appeal has been preferred with the prayer to allow this application and release the appellant on bail in Sessions Trial No. 47 of 2016; titled State vs. Omkar, arising out of Case Crime No. 335 of 2015, under Sections 376, 511, 506(II) IPC and Section 7/8 POCSO Act, Police Station Baniyather, District Sambhal, arising out of judgment and order dated 19.03.2024 passed by Additional District and Sessions Judge/Special Judge (POCSO Act), Court No. 3, Moradabad, and further prays to stay realization of fine during the pendency of appeal.

It is submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in the subject case. It is next submitted 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 three years rigorous imprisonment, under Section 8 POCSO Act, with the fine of Rs. 15,000/- and in default, he shall serve three months additional imprisonment and released him on interim bail till

CRLA No. 4749 of 2024

2

filing of this appeal. Appellant has no criminal history except this case. Since hearing of appeal is also not likely to be completed in near future, therefore, requested to release the appellant on bail during the pendency of appeal.

Learned A.G.A. opposed the bail.

Considering the facts and circumstances of the case, submissions made by learned counsel for the appellant, learned counsel for the informant as well as learned A.G.A. and perusal of record, judgment passed by learned trial court particularly the fact that maximum three years' sentence has been awarded to the appellant, he is on interim bail granted by the trial court as well as interim bail granted by the trial court is extended by this Court till the date of listing, and none possibility of hearing of appeal in near future; without further commenting on merit of the case, I am inclined to release the appellant on bail.

Accordingly, the application is allowed.

Let appellant-Omkar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned during pendency of this appeal.

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

Realization of entire fine shall be deposited by the appellant within one month from the date of this order.

Order on Appeal

List this appeal in due course.

(Jai Prakash Tiwari,J.)

February 6, 2026 Brijesh

Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad