Virendra vs State Of U.P.
2013 Latest Caselaw 5278 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3682 of 2013
 

 
Appellant :- Virendra
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Askari Husain
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the appellant, the learned AGA and have gone through the record.

Admit.

Summon the lower court record.

It is argued by the learned counsel for the appellant that the prosecutrix has disowned the prosecution case herself as alleged in the first information report. Initially the charge was framed under Sections 376, 506 IPC. The charges were not found proved against the appellant by the trial court and he has been convicted only under Section 354 IPC for two years rigorous imprisonment with a fine of two thousand rupees. The conviction awarded by the trial court is too excessive and is against the evidence on record. The appellant is on interim bail and he was on bail during trial and had never misused the liberty of bail. There is no likelihood of early hearing of appeal in near future because of pendency of old appeals, therefore the appellant may be released on bail during the pendency of appeal. In case he is enlarged on bail, he will not misuse the liberty of bail.

Per contra the learned AGA has opposed the prayer of bail and has contended that the victim has been won over by the appellant as her cross examination was done after a lapse of two and half years. The victim has herself lodged the first information report and active participation of the appellant is mentioned therein. In case he is enlarged on bail he will misuse the liberty of bail.

Considering the facts and circumstances of the case and keeping in view the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, let the appellant, namely, Virendra, convicted and sentenced in Session Trial No.345 of 2010, arising out of case crime no.493 of 2007, under Section 354 IPC, P.S. Kant, District Shahjahanpur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned. The photocopies of the bonds so furnished be transmitted to this Court to be kept on record of the appeal.

It is made clear that the realization of fine is not stayed.

After receipt of the record the office is directed to prepare the paper books and list the appeal for hearing in due course.

Order Date :- 30.8.2013

Mustaqeem.