Mustkeem v. State Of U.P. And 3 Others

Heard Sri Kapil Tyagi, learned counsel for the appellant and Sri Anurag Pandey, learned A.G.A. for the state.

This application has been filed to suspend the sentence awarded by judgement and order dated 11.01.2022 by Additional and Sessions Judge/Special Judge Prevention of Children From Sexual Offences (POCSO) Act, Hapur in Sessions Trial No. 1317 of 2015 (U.P.H.P. 10037862015) (State of U.P. Versus Mustkeem) arising out of case crime No. 89 of 2015, under Sections 363, 376 I.P.C. and and 3/4 Prevention of Children From Sexual Offences (POCSO) Act, Police Station-Simbhawali, District-Hapur and the applicant may be released on bail during pendency of the appeal.

Learned counsel for the appellant submits that victim is more than 17 years of age. She voluntarily left with the applicant and stayed with him for 15 days. Subsequently, on recovery she made a statement for kidnapping against the applicant under the influence of her parents. It is further submitted that there is no medical opinion supporting the allegation of rape and applicant has completed more than 4 years and 4 months against maximum sentence awarded to 7 years, which is more than half of the sentence. Therefore, the applicant is entitled to the benefit of Section 436-A Cr.P.C/479 BNSS.

Per contra, learned A.G.A. opposed the prayer but he could not oppose the above legal position. 2 CRLA No. 1578 of 2022

Considering the aforesaid fact and taking into account that the appellant has already completed more than half of the sentence i.e. 4 years and 4 months though, maximum sentenced awarded is 7 years, he is entitled to benefit of Section 436-A Cr.P.C/479 BNSS. Therefore, without commenting on the merits of the case, appellant has made out the case for grant of bail during pendency of his appeal.

Let the appellant Mustkeem involved in aforesaid case be released on bail during the pendency of appeal on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned and appellant will cooperate in hearing of the appeal and its early disposal. Execution of sentence shall remain suspended, subject to condition that appellant will deposit the fine within one month after being released on bail.

On acceptance of bail bonds, the trial court shall transmit the photocopies thereof to this Court for being kept on record of this appeal. Order on Appeal

List this appeal in ordinary course. October 9, 2025 Imtiyaz (Arun Kumar Singh Deshwal,J.) IMTIYAZ AHMAD High Court of Judicature at Allahabad