Suresh Singh vs State Of U.P.
2017 Latest Caselaw 1556 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 25
 

 
Case :- CRIMINAL APPEAL No. - 1454 of 2016
 

 
Appellant :- Suresh Singh
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Vimal Shukla
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ravindra Nath Mishra-II,J.

(C.M.Application No. 95537 of 2016)

1. Rejoinder affidavit filed today is taken on record.

2. Heard Sri Vimal Shukla, learned counsel for appellant-applicant and learned Additional Government Advocate.

3. Learned counsel for the appellant-applicant has argued that prosecutrix is a consenting party and her age was above 18 years. Her statement under Section 164 Cr.P.C was also not recorded by Investigation Officer. The Lower Court wrongly applying the analogy of Juvenile Justice Act treated the transfer certificate as conclusive proof of the age of prosecutrix and discarded the medical evidence. It has also been argued that appellant-applicant was in bail through out the trial. There is no allegation of misuse of liberty of bail. Appellant-applicant is in jail for  approximately one year after conviction.

4. In above circumstances, I find it to be a fit case for grant of bail during pendency of instant appeal.

5. Let appellant-applicant be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of Chief Judicial Magistrate/ Court concerned.

Order Date :- 1.6.2017

Pachhere/-