Jal Singh And 3 Others v. State of U.P

: Shubham Srivastava, Sunil Kumar Srivastava Counsel for Respondent(s) : G.A. Court No. - 53 HON'BLE SUBHASH CHANDRA SHARMA, J. In Re: Criminal Appeal Admit. Summon the trial court record. List in due course. In Ref: Criminal Misc. (Suspension of Sentence) Application No.02 of 2025 Heard learned counsel for the appellants as well as learned A.G.A. for the State and perused the material on record. The present criminal appeal u/s 415(2) B.N.S.S. has been preferred with prayer to allow the appeal and set aside the learned judgment and order dated 30.10.2025 passed by Additional District and Session Judge/FTC IInd, Saharanpur in S.T. No.121 of 2013 arising out of Case Crime No.672 of 2011 (State of U.P. vs. Pawan and others) under Sections 363, 366 I.P.C., Police Devband, District Saharanpur. It is further prayed that during the pendency of the instant appeal, the appellants may be released on bail, suspend the sentence and the realization of fine imposed against him may kindly be stayed.

2 CRLA No. 10808 of 2025 It is submitted that in this case appellants are innocent and have been falsely implicated for assisting in enticement of the victim said to be enticed away by co-accused Pawan, as being relatives of the said co-accused. Further submitted that the appellants were not charge sheeted but summoned by the learned trial court u/s 319 Cr.P.C. The learned trial court has convicted and sentenced the appellants without appreciating the evidence on record in proper manner for a period of 7 years imprisonment. The appellants are in jail since 30.10.2025. Further submitted that appellants were on bail during trial but never misused the liberty of bail and after conviction they are again in jail. It is also submitted that the appeal is also likely to take some time for final disposal, therefore, requested to release them on bail during the pendency of present criminal appeal. On the other hand, learned A.G.A. opposed the bail application and supported the trial court's judgement.

Considering the facts and circumstances of the case in particular the nature of offence and evidence adduced by the parties, the fact that appellants were on bail during trial but never misused the liberty and the fact that hearing of the appeal is not possible in near future, without further commenting on merit of the case, I am inclined to release the appellant on bail. Let appellants- Jal Singh, Kusum, Trilok Chand & Rajesh be released on bail during the pendency of this appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. On acceptance of bail and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record. The realization of half of the fine awarded to the appellants shall also remain stayed during the pendency of the appeal. The appellants would be entitled to get the benefit of this order only after depositing 50 % amount of fine.

The party shall file computer generated copy of this order 3 CRLA No. 10808 of 2025 downloaded from the official website of High Court Allahabad, self attested by representative/counsel of the appellant (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked The concerned Court/Authority/Official shall verify authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. December 1, 2025 Ashok Gupta (Subhash Chandra Sharma,J.)