HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. APPLICATION U/S 430(2) BNSS No. - 11 of 2025 Court No. - 93 HON'BLE MRS. VANI RANJAN AGRAWAL, J. 1. This application under Section 430(2) of B.N.S.S. has been preferred by the applicant for suspension of sentence of the applicant in pending appeal No.125 of 2025 (Pankaj Kumar Mishra Vs. State of Uttar Pradesh) before the court of learned Sessions Judge, Bareilly, arising out of Criminal Case No.1139 of 2023, arising out of Case Crime No.63 of 2021, under Sections 420, 467, 468, 471, 506 I.P.C., Police Station- Izzat Nagar, District- Bareilly and release the applicant on bail in Case Crime No. 63 of 2021, under Section 420, 467, 468, 471, 506 I.P.C., Police Station- Izzat Nagar, District- Bareilly. 2. Heard Sri Abhishek Mishra, Advocate, holding brief of Sri Pankaj Sharma, learned counsel for the applicant as well as the learned AGA for the State. 3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. It has been further submitted that the conviction and sentence imposed by the learned trial court is against the weight of evidence on record. The trial court has misread the evidence on record and convicted the applicant. Learned counsel for the applicant further submits that the bail application of the applicant was rejected by appellate Court on 27.10.2025. The applicant has criminal history of 20 cases, which has been explained in present application. It is Versus Counsel for Applicant(s) : Pankaj Sharma, Prakash Sharma Counsel for Opposite Party(s) : G.A. Pankaj Kumar Mishra .....Applicant(s) State of U.P. .....Opposite Party(s) further submitted that the applicant has already undergone more than 3 years of incarceration out of the total sentence awarded. The appeal has already been preferred before the court below, which is not likely to be heard in near future. The applicant is in jail since 08.11.2022 and if the applicant is released on bail, he will not misuse the liberty of bail. Since there is no likelihood of early hearing of the appeal in near future, the applicant may be released on bail. 4. Per contra, learned A.G.A. for the State opposed the prayer for bail and submitted that the bail application/suspension of sentence has rightly been rejected by the appellate Court, looking to the severity and nature of offence. 5. I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record including the impugned judgment. 6. Considering the submissions of learned counsel for the parties, nature of accusation, period of incarceration and the fact that the appeal is pending before the court, and without expressing any opinion on the merits of the case, this Court finds it a fit case for grant of bail and suspension of sentence. 7. Accordingly, application filed under Section 430(2) B.N.S.S. is allowed. 8. Let the sentence of the applicant be suspended during pendency of criminal appeal before the trial court in exercise of powers under Section 430(2) of B.N.S.S. 9. Let the above named accused-applicant Pankaj Kumar Mishra be released on bail in the aforesaid case on his furnishing a personal bond and two sureties in like amount to the satisfaction of the court concerned subject to the following conditions :- (i) The applicant shall not misuse the liberty of bail. (ii) The applicant shall cooperate in early disposal of the appeal pending before the appellate court. NA430 No. 11 of 2025 2 (iii) The applicant shall appear before the appellate court on each date fixed unless exempted. (iv) The applicant shall not tamper with prosecution evidence. (v) In case of breach of any condition, it shall be open to the court below to cancel the bail of applicant. April 10, 2026 P. Pandey NA430 No. 11 of 2025 3 (Mrs. Vani Ranjan Agrawal,J.) Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad