Arvind vs State Of U.P.
2016 Latest Caselaw 5293 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 4046 of 2016
 

 
Appellant :- Arvind
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Umesh Chandra Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Raghvendra Kumar,J.

Heard learned counsel for the appellant and learned A.G.A.for the State of U.P.

It has been submitted on behalf of the appellant that the trial court has failed to  appreciate the evidence in right perspective and erred in recording the finding of conviction, the judgment  is thus perverse.

Admit.

Summon the lower court record within six weeks from today.

List immediately after receipt of record.

Order Date :- 19.8.2016

Su

Case :- CRIMINAL APPEAL No. - 4046 of 2016

Appellant :- Arvind

Respondent :- State Of U.P.

Counsel for Appellant :- Umesh Chandra Tiwari

Counsel for Respondent :- G.A.

Hon'ble Raghvendra Kumar,J.

Criminal Misc . Bail Application Application No. 251660 of 2016

Heard learned counsel for the appellant and learned A.G.A.for the State of U.P.

It has been contended that no such incident has taken place and because of enmity the appellant has been implicated in the present case. The witnesses have deposed accordingly.  The parties are having land dispute.  Learned court below has failed to appreciate the evidence led before it in right perspective. The appellant was on bail during the course of trial.

Learned A.G.A.has opposed the bail application.

There is no likelihood of this appeal being heard in near future 

Considering the rival submissions  and without expressing any opinion on the merits of the appeal, I find it a fit case for bail.

Let the appellant Arvind  convicted in S.T.No. 22 of 2015  ( State vs. Arvind ), arising out of case crime No. 146 of 2015 under section 354 I.P.C. and section 7/8 of the Protection of Children From Sexual Offences Act 2012, Police Station Wazeerganj, District Budaun  be admitted to bail subject to his executing a personal bond and furnishing two heavy and reliable sureties  in the like sum to the satisfaction of the Court concerned.

The appellant is directed to deposit 50% of the amount of fine imposed by the trial court within 10 days from the date of his release from jail and the  realisation of  rest 50%  fine shall remain stayed during pendency of the appeal.

Order Date :- 19.8.2016

Su