Alok v. State of Uttar Pradesh and 3 Others
Case brief
What is this about?
Bail and suspension of sentence under Section 415(2) BNSS in appeal against POCSO conviction; 25 years' rigorous imprisonment and Rs.35,000 fine with default stipulation; rape of minor victim, age shown by radiological report; testimony of P.W.-1 (victim) and P.W.-2 (mother); defence pleas of false implication, no independent eyewitness, contradiction between statement and FIR, no criminal history, and school alibi dated 21.08.2024 (Composite Vidyalaya, Siar); bail rejected on gravity of offence and trial court findings; conviction by Special Judge (POCSO Act) Court No.8, Ballia in S.S.T. No. 1361 of 2024 / Case Crime No. 252 of 2024, Sections 65(1), 115(2) & 352 B.N.S. and Section 3/4(2) POCSO Act, P.S. Ubhav, District Ballia; Allahabad High Court; appeal to be listed after three months with trial court record.
What did the court decide?
Considering the submissions of the parties, the totality of the case, the nature of evidence available on record, the findings recorded by the trial court and the gravity of the offence, the Court was not inclined to release the applicant/appellant on bail and rejected the bail (suspension of sentence) application.