Allahabad High Court
Juvenile X vs State Of U.P. And 3 Others on 7 August, 2025
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:133636
Court No. - 83
Case :- CRIMINAL APPEAL No. - 6948 of 2025
Appellant :- Juvenile X
Respondent :- State Of U.P. And 3 Others
Counsel for Appellant :- Pankaj Sharma
Counsel for Respondent :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Order on appeal
1. Heard and perused the record.
2. Admit.
3. Summon the trial court record and upon receipt of the record, office to prepare the paper book.
4. List this appeal on 22.09.2025 before the appropriate Bench for final hearing.
Order on Criminal Misc. Bail Application No.01 of 2025
1. This Criminal appeal has been preferred by the appellant- Juvenile X against the conviction and sentence recorded vide judgment and order dated 21.7.2025/ 22.7.2025 passed by learned Judge/Additional Sessions (Juvenile) Additional Special Judge (Pocso Act) Court no.2, Mathura in Special Session Case No. 1916 of 2019, State Vs. Juvenile X son of Netrapal, arising out of case crime No. 221 of 2018, conviction in the offence under sections 452, 354 I.P.C./ section 8 of the Protection of Children from Sexual Offences, Act, 2012, Police Station Baldev, District Mathura and further to release the applicant/ appellant on bail in the aforesaid Special Session Case No. 1916 of 2019, State Vs. Juvenile X son of Netrapal.
2. Heard Mr. Pankaj Sharma, learned Counsel for the appellant-applicant and learned counsel for the informant as well as the learned AGA for the State.
3. By means of the bail application, the appellant-applicant seeks suspension of sentence and grant of bail.
4. It has been submitted by learned counsel for the appellant-applicant that the appellant is innocent and has been falsely implicated. It has been further submitted that the conviction and sentence imposed by the learned trial Judge is against the weight of evidence on record. The trial court has misread the evidence on record and convicted the appellant. It has been further submitted that the appellant was on bail during trial and has not misused the liberty of bail. Since there is no likelihood of early hearing of the appeal in near future, the appellant may be released on bail pending appeal. Besides the above submissions, learned counsel for the appellant has also tried to touch upon at length the circumstances which led to the false implication of accused/appellant. It is further submitted that the appellant is in jail since from the date of judgment and order dated 21.7.2025/22.7.2025.
5. On the other hand, learned AGA vehemently opposed the bail application.
6. I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record including the impugned judgment.
7. Having regard to the facts and circumstances of the case, sentence awarded to the appellant, the evidence available on record and the findings recorded by the trial court thereon, appellant was on bail during trial but no instance of misuse of the bail has been brought to the notice of the Court and the fact that the appeal may take some time for its final disposal, without further commenting on the merits of the case, I am inclined to release the appellant on bail.
8. Let the above named accused-appellant be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned.
9. On acceptance of bail bond and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on record.
10. However, out of the fine amount, as imposed by the trial Court, half of the fine shall be deposited by the appellant within a period of fifteen days from the date of his release in terms of the order of learned trial Court and half of the amount of fine shall remain stayed till disposal of the appeal.
Order Date :- 7.8.2025 // Krishna*
