Tripti vs State Of U.P.
2017 Latest Caselaw 781 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 11
 

 
Case :- CRIMINAL APPEAL No. - 647 of 2017
 

 
Appellant :- Tripti
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Sanjeev Kumar Singh,Kashi Nath Shukla
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Abhai Kumar,J.

Re: Criminal Misc. Bail Application No.48297 of 2017.

The counter affidavit filed today be taken on  record.

This appeal has been preferred by the appellant against the judgement of conviction dated 12.1.2017 passed by the Additional Sessions Judge/F.T.C. No. 1 Gorakhpur in Session Trial No. 146 of 2008( State of U.P.  Versus Pankaj and another) arising out of  Case Crime No. 524 of 2006, under Sections 363,366 IPC, P.S. Basgaon, District Gorakhpur whereby appellant was convicted under section 363,366 I.P.C. and the co-accused [email protected] Ankaj Singh @ Ratnesh Singh was also convicted apart from two  sections under section 376 I.P.C.

It is submitted by the learned counsel that the appellant Tripti was on bail during trial, she has not misused the liberty of bail. It is further submitted that there are two children out of wedlock  of the co-accused [email protected] Ankaj Singh @ Ratnesh Singh. It is further submitted that the prosecutrix and the appellant both went with the co-accused [email protected] Ankaj Singh @ Ratnesh Singh and after the incident, she got married with the co-accused and due to that, false implication of the accused applicant is made, whereas the learned A.G.A. submitted that if the appellant had not all along with the co-accused in the incident, the co-accused had not committed the heinous crime under section 376 I.P.C.

Seeing the facts and the allegation of rape is against the co-accused [email protected] Ankaj Singh @ Ratnesh Singh, the appellant has been convicted under sections 363, 366 I.P.C. Moreover, the appellant is a lady having two children to look after. The appellant was on bail during trial. The appellant was of tender age at the time of the incident.

Considering the facts and circumstances of the case and seeing the fact that the appellant is lady having two children to look after, made allegation against the co-accused [email protected] Ankaj Singh @ Ratnesh Singh, this Court is of the view that the appellant may be granted bail during appeal before this court.

Let the appellant Tripti, convicted in S.T. No. 146 of 2008(State of U.P. Vs. Pankaj and another), arising out of Case crime No. 524 of 2006 under sections 363,366 I.P.C.P,S, Basgaon, district Gorakhpur, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned on the undertaking that she shall appear before this court whenever her presence is required.

It is made clear that this Court has not expressed any opinion regarding the complicity and conviction of the co-accused  [email protected] Ankaj Singh @ Ratnesh Singh and the present bail order will not effect in any manner the bail application of the co-accused [email protected] Ankaj Singh @ Ratnesh Singh to be considered.

It is also made clear that the fine shall be deposited within a month from the date the appellant is released from jail.

Order Date :- 17.5.2017

N.A.