HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4841 of 2011 Petitioner :- Anil Respondent :- State Of U.P. Petitioner Counsel :- N.K. Misrha Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the appellant and the learned A.G.A. for the respondent and perused the judgment and order dated 01.08.2011 passed by the learned Additional Sessions Judge, Court No. 3, Baghpat in S.T. No. 14 of 2009 (State v Anil).
Admit. Summon lower court record.
Learned counsel for the appellant submitted that according to the initial reports given to the police only allegations instituted the offence under section 506 IPC were made but after consultation the version was changed and allegation of attempt to commit rape was made. It was next submitted that from the facts and circumstances of the case, this allegation is absolutely false. It was next submitted that the appellant was on bail during the trial and never abused the same. The maximum sentence imposed on the appellant is of five years simple imprisonment. It was further contended that in case the appellant is not released on bail, the appeal would, in due course, become infructuous as there is no hope of an early hearing of the appeal due to heavy dockets.
In my opinion, prima facie, the aforesaid submissions of the learned counsel for the appellant have substance, therefore, it is just and expedient to exercise the discretion in favour of the appellant.
Keeping in view the nature of offence, evidence, complicity of the accused, the severity of punishment and submissions of the learned counsel for the appellant and the learned AGA, I am of the view that the appellant has made out a case for bail.
Let the appellant Anil, who has been convicted and sentenced, in the aforesaid session trial be released on bail during the pendency of the appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The realisation of half of the fine shall remain stayed during pendency of the appeal, provided the appellant deposits half of the fine within one month.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photo state copies thereof to this Court for being kept on the record of this appeal.
Let the paper books be prepared.
List the appeal for hearing in due course Order Date :- 20.8.2011 shailesh