Allahabad High Court
Ram Milan vs State Of U.P. on 26 June, 2025
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:99974
Court No. - 67
Case :- CRIMINAL APPEAL No. - 5668 of 2025
Appellant :- Ram Milan
Respondent :- State of U.P.
Counsel for Appellant :- Manoj Kumar,Sudhakar Yadav
Counsel for Respondent :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
ORDER ON CRIMINAL MISC. SUSPENSION OF SENTENCE/BAIL APPLICATION NO.1 OF 2025
1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material on record.
2. The present appeal has been filed against the Judgement and order of conviction dated 17.05.2025 passed by the learned Special Judge (POCSO Act), Kaushambi in Case No. 19 of 2017 (State Vs. Ram Milan) arising out of Case Crime No. 130 of 2016, under Sections 354 (Ka) IPC, P.S.- Kaushambi, District- Kaushambi by which appellant has been convicted for the offence under Section 354 (Ka) IPC for one year rigorous imprisonment and fine of Rs. 5,000/- and in default of payment of fine further to undergo one month simple imprisonment.
3. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case and the impugned judgement passed by learned trial Court is unsustainable in law and fact. He further pointed out that several infirmities in the evidence and also the elements of improbability contained therein, thus it is argued that learned trial Court has recorded perverse findings, while convicting and sentencing the appellants. On the basis of such infirmities on record, learned counsel argued that there is a reasonable prospect of this appeal being allowed after final hearing takes place but the appeal is not likely to be heard in near future. Learned counsel next argued that the appellant is on interim bail, therefore, it is argued that the appellant may be enlarged on regular bail during the pendency of the appeal.
4. Per contra, the learned A.G.A. for State has opposed the prayer for bail. He submits that since appellant is named as well as convicted accused, therefore he does not deserve any indulgence by this Court. According to the learned A.G.A. interest of justice shall better be served in case the appeal itself is heard on merits by fixing a short date instead of enlarging the appellant on bail. Since appellant has been convicted and sentenced for an illegal offence therefore, no equality exists in favour of appellant. However, he could not dislodge the factual and legal submissions urged by the learned counsel for appellant in support of the prayer for bail, with reference to the record at this stage.
5. Having heard the learned counsel for appellant, the learned A.G.A. for State, upon perusal of material brought on record, evidence, nature and gravity of offence as well as complicity of appellant, accusation made coupled with the fact that the Apex Court in the case of Atul @ Ashutosh Vs. State of M.P. (2024) 3 SCC 663 has observed that where an accused applicant has been awarded definite sentence of punishment and there are no chances of the appeal being heard in near future, then in such a circumstance the accused-applicant should be enlarged on bail during the pendency of appeal. No exception to the judgment of Supreme Court in Atul @ Ashutosh (Supra) can be carved out in the case of present appellant, in view of heavy pendency of appeal before this Court as such there is no likelihood of the present appeal being heard in near future, considering the above, the period of incarceration undergone by appellant, the clean antecedents of appellant but irrespective of the objections raised by the learned A.G.A. to the present application for bail and without making any comment on the merits of the case, appellant has made out a case for bail.
6. Let the accused-appellant Ram Milan be released on bail in the above case on furnishing personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned, subject to furnishing undertaking that they will co-operate in the hearing of the appeal.
7. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
8. Fine has already been deposited by the appellant.
ORDER ON MEMO OF APPEAL.
9. Admit.
10. Summon the lower Court's record.
11. After receipt of record, let paper book be prepared.
12. List thereafter.
Order Date :- 26.6.2025
Sharad/-
