Shahid vs State Of U.P.
2017 Latest Caselaw 1561 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 25
 
Case :- CRIMINAL APPEAL No. - 1628 of 2016
 
Appellant :- Shahid
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Pankaj Kumar Tripathi
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ravindra Nath Mishra-II,J.

(C.M.Application No. 102045 of 2016)

1. This application for bail has been filed along with the instant criminal appeal by appellant-applicant Shahid under Section 366 I.P.C

2. Accused has been convicted under Section 366 I.P.C for imprisonment of five years and fine to the tune of Rs. 5,000/- under Section 366 I.P.C, Imprisonment for a period of five years and fine to the tune of Rs. 5,000/-  under Section 376 (2g) I.P.C and imprisonment for a period of ten years and fine to the tune of Rs. 10,000/-.

3. Learned counsel for the appellant-applicant has submitted that the prosecutrix was major at the time of incident and a consenting party. Medical report does not support the prosecution story. He has further submitted that the appellant/accused is in jail since 17.08.2012. Thus he has served substantial portion of sentence awarded by trial court.

4. He has further relied on Kamal Vs. State of Haryana (2004) 13 SCC 526 to contend that  appellant-applicant has served substantial period of sentence, hence he should be enlarged on bail.

5. No objection has been filed on behalf of State.

6. Keeping in view that appellant-applicant has served five years sentence out of awarded sentence, I find accused entitled for bail during pendency of instant appeal.

7. Let applicant Shahid, convict of aforesaid sessions trial, 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/-