HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 5964 of 2011 Petitioner :- Jogendra Respondent :- State Of U.P. Petitioner Counsel :- Apul Misra Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Prayer for bail has been made on behalf of the appellant, who has been convicted by Additional Sessions Judge Court No.9 in S.T. No.284 of 2010 under Section 354 I.P.C and 376(2) (G) Heard learned counsel for the appellant and the learned A.G. A. for the State and perused the lower court's record.
Learned counsel for the appellant submitted that initially the report was registered under Section 354 I.P.C and subsequently false allegations were made to attract the provision of Section 376(2)(G).
Considering the facts and circumstances of the case, in my opinion the appellant is entitled to be released on bail.
Pending appeal appellant Jogendra convicted in S.T. No. 284 of 2010 shall be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Till further orders realization of fine, if any, shall also remain stayed.
Order Date :- 14.11.2011 Shahnaz