Deen Dayal Pal vs State Of U.P.
2016 Latest Caselaw 5025 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 1242 of 2016
 

 
Appellant :- Deen Dayal Pal
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ram Vichar Chaudhary,Ram Badan Pal
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pratyush Kumar,J.

Crl. Misc. Bail Application No.87764 of 2016.

Heard learned counsel for appellant, learned A.G.A for the State-respondent and  perused the record.

This Bail application  has been moved  by the accused-appellant Deen dayal Pal, in pending appeal, who is involved in S.T. No.103 of 2006 arising out of Case Crime No.183  of 2004, under Sections 363, 366, 366-A and 376 I.P.C, P.S. Barahaj, District-Deoria.

Learned counsel for the appellant submits that the F.I.R was lodged after delay of 8 days, two materials witnesses Dharmendra and Munna were not examined. The radiologist was not examined. No external  mark injury was found  on the person of the victim. The appellant was on bail during the trial. He has  not misused the liberty of bail. The delay in trial  was occasioned due to non-production of formal witnesses. The appeal is not likely to be heard in future. The appellant has  no previous history. He has  permanent residence. He is  not likely to be abscond.

Learned counsel for the appellant submits that  the impugned judgement and order of the court's below are illegal and perverse. The court's below has not appreciated the evidence available on record  in proper perspective, hence the findings recorded by the court's below deserve to be set aside.

On behalf of State the bail has been opposed and it has been  submitted that the victim was aged about  12 years and she was subjected to gang rape by the three person. 

In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

Let appellant Deen Dayal Pal be released on bail in the aforesaid session trial number on his   furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.

List this appeal for final hearing in its turn.

However, realization of half of the  fine awarded to the appellant shall remain stayed and  remaining half of the fine shall be deposited  by the appellant within 30 days from the date of his actual release.

Order Date :- 9.8.2016

G.S