Santram @ Sant Kumar @ Arjun Singh @ ... vs State Of U.P
2017 Latest Caselaw 1565 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 25
 

 
Case :- CRIMINAL APPEAL No. - 1833 of 2016
 

 
Appellant :- Santram @ Sant Kumar @ Arjun Singh @ Pattey Singh
 
Respondent :- State Of U.P
 
Counsel for Appellant :- Ashok Kumar Singh,Arun Sinha
 
Counsel for Respondent :- G.A,Kamlesh Kumar,Prakash Chandra Mishra
 

 
Hon'ble Ravindra Nath Mishra-II,J.

(C.M.Application No. 111474 of 2016)

1. Rejoinder affidavit filed by the appellant/accused which is taken on record.

2.This application for bail has been filed along with the instant criminal appeal by appellant-applicant Santram alias Sant Kumar alias Arjun Singh under Section 376 I.P.C.

3. Accused has been convicted and sentenced under Section 363 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 seven years and fine to the tune of Rs. 10,000/-  and under Section 376 I.P.C and imprisonment of 10 years and fine to the tune of Rs. 15,000/-.

4. Learned counsel for the appellant-applticant has argued that prosecutrix was major at the time of alleged incident.She herself was insisting upon the appellant-applicant to marry her and in this regard she has also written letters with her own blood that she love appellant-applicant. He has also pointed that all these facts are mentioned in the impugned judgment mentioned the statement of prosecutrix in which she has admitted that she loved appellant-applicant and wanted to marry him. Appellant-applicant is in jail and has served two years during pendency of trial.

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

6. Keeping in view that appellant-applicant has served two years sentence out of awarded sentence and admitted conduct of the prosecutrix in expressing her one sided love affair, I find appellant-applicant entitled for bail during pendency of instant appeal.

7. Let applicant Santram alias Sant Kumar alias Arjun Singh, convict of aforesaid session 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/-