Santosh Singh vs State Of U.P.
2017 Latest Caselaw 1567 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 25
 

 
Case :- CRIMINAL APPEAL No. - 1831 of 2016
 

 
Appellant :- Santosh Singh
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ashok Kumar Singh,Arun Sinha
 
Counsel for Respondent :- G.A.,Kamlesh Kumar,Mohd. Rafi Khan,Prakash Chandra Mishra
 

 
Hon'ble Ravindra Nath Mishra-II,J.

(C.M.Application No. 111407 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 Santosh 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 Santosh 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/-