HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4323 of 2011 Petitioner :- Sunil Respondent :- State Of U.P. Petitioner Counsel :- Smt. Usha Srivastava,Lal Chandra Mishra Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the appellant and learned AGA and perused the impugned judgement rendered by the learned Additional Sessions Judge, Court No. 4, Chitrakoot in Sessions Trial No. 128 of 2009.
Admit. Summon lower court record.
Learned counsel for the appellant submitted that the prosecutrix was found aged about 16/17 years on medical examination and there could variation of two years either way, therefore, the learned trial court ought to have treated the victim as major. It was next submitted that that the prosecutrix remained in the company of the appellant for about seven days and never raised any protest or resistance but she changed her attitude and gave statement against the appellant due to pressure of her family members. It was further submitted that the appellant was on bail during the trial and never abused the same. The maximum sentence imposed on the appellant is of seven years under sections 376/34 IPC. It was lastly 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 that the appellant has made out a case for bail.
Let the appellant Sunil involved 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 :- 28.7.2011 shailesh