Awdhesh vs State Of U.P.
2017 Latest Caselaw 1564 ALL

Citation : 2017 Latest Caselaw 1564 ALL
Judgement Date : 1 June, 2017

Allahabad High Court

Awdhesh vs State Of U.P. on 1 June, 2017

Bench: Ravindra Nath Mishra-Ii




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 25
 

 
Case :- CRIMINAL APPEAL No. - 663 of 2016
 

 
Appellant :- Awdhesh
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Vijay Kumar,Narendra Gupta
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ravindra Nath Mishra-II,J.

(C.M.Application No. 54343 of 2016 (B))

1. This application for bail has been filed along with the instant criminal appeal by appellant-applicant Awdhesh under Section 376 I.P.C.

2. Accused has been convicted under Section 376 for simple imprisonment of ten years and fine to the tune of Rs. 10,000/-. Presently accused is in jail for the last four years. Learned counsel for the appellant-applicant has relied on Kamal Vs. State of Haryana (2004) 13 SCC 526 and contended that the appellant-applicant has served substantial period of sentence, hence he should be enlarged on bail.

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

4. On persual of impugned judgment it appears that there is no mark of injury on private part of the prosecutrix and as per medical report her age was 17 years. Though appellant-applicant was in jail through out the trial, but keeping in view the fact that appellant-applicant has served imprisonment of four years out of awarded sentence, I find it to be a fit case for grant of bail during pendency of instant appeal.

5. Let applicant Awdhesh, 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/-