Court No. - 67 Case :- CRIMINAL APPEAL No. - 10590 of 2023 Appellant :- Gairi @ Gauri Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Mayank Srivastava,Mohd Imran Khan Counsel for Respondent :- G.A.,Satya Priya Dwivedi,Utkarsh Singh Hon'ble Sanjay Kumar Singh,J. In re : Criminal Misc. Second Bail Application (Suspension of Sentence) No. 03 of 2024 Heard learned counsel for the appellant, learned Additional Government Advocate for the State of U.P. and learned counsel for opposite party no. 2. This appeal under Section 374(2) Cr.P.C. has been preferred by the appellant-Gairi @ Gauri against the judgment and order dated 24.08.2023 passed by Special Judge (POCSO Act), Kaushambi in Case No. 302 of 2016 arising out of Case Crime No. 100 of 2016, under Sections 354, 504, 506 IPC and Section 7/8 POCSO Act, Police Station Sarai Akil, District Kaushambi convicting and sentencing the appellant as under:- (a) three years' rigorous imprisonment and fine of Rs. 5000/- for the offence under Section 8 POCSO Act and in default of payment of fine, to undergo three months' additional imprisonment. (b) one year's rigorous imprisonment for the offence under Section 504 IPC. (c) one year's rigorous imprisonment for the offence under Section 506 IPC. All the sentences were ordered to run concurrently. It is submitted by learned counsel for the appellant that this is the second Criminal Misc. Bail Application (Suspension of Sentence) filed by the appellant-Gairi @ Gauri. The first application seeking suspension of sentence was dismissed by this Court vide order dated 30.01.2024. It is further submitted that findings recorded by the trial Court for convicting and sentencing the appellant are not sustainable in the eyes of law. The appellant is in jail since 10.02.2024. The maximum sentence awarded to the appellant is up to 03 years and as per custody certificate dated 28.09.2024, appellant has served 09 months and 21 days and as of now, the appellant has served total 19 months and 03 days in jail, therefore, in view of Section 436A Cr.P.C., appellant is entitled to be released on bail. Lastly, it is submitted that on account of huge pendency of cases before this Court, there is no likelihood of the appeal being heard in near future. Learned A.G.A. though opposed the prayer for bail of the appellant but he could not dispute the incarceration period of the appellant, as noted above. Having heard the submissions of learned counsel for the parties, considering the gravity of the offence as well as looking to the detention period of the appellant in jail as mentioned above, I find that the appellant has made out a case for grant of bail in the light of judgments of the Apex Court in the case of Saudan Singh vs. State of U.P., 2021 SCC OnLine SC 3259, wherein it has been observed by the Apex Court that there may be even convicts in custody in cases other than life sentence cases and in those cases again the broad parameter of 50 percent of the actual sentence undergone can be the basis for grant of bail and in the case of Satender Kumar Antil vs. C.B.I, (2022) 10 SCC 51, wherein it has been observed that when a person has undergone detention for a period extending to one-half of the maximum period of imprisonment specified for that offence, he shall be released by the court on his personal bond with or without sureties. In view of the above without expressing any opinion on merits of the case, let appellant, namely, Gairi @ Gauri convicted and sentenced in the aforesaid case be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of Court concerned during pendency of this criminal appeal subject to furnishing undertaking that he will co-operate in hearing of this appeal. Realisation of fine is not stayed. On acceptance of his bail bonds, the trial Court shall transmit the Photostat copies thereof to this Court for being kept on record of this appeal. Order on Memo of Appeal As per office report dated 20.05.2025, trial Court record has been received. Office is directed to prepare paper-book. List this appeal in due course for final hearing. Order Date :- 10.7.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad