Rakesh Kumar vs State Of U.P.
2011 Latest Caselaw 3198 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3204 of 2011
 

 
Petitioner :- Rakesh Kumar
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Shri Ram Rawat,Giri Ram Rawat
 
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 (EX Cadre), Court No., 23, Allahabad in Sessions Trial No. 1009 of 2009.

Learned counsel for the appellant submitted that according to the medical report the prosecutrix was aged about 17/18 years and there could be a variation of two years either way, therefore, she ought  to have been treated major. It was next submitted that the prosecutrix remained in the company of the appellant for about ten 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 contended 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 section 376 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 Rakesh Kumar 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