Umakanti @ Mausi vs State Of U.P.
2018 Latest Caselaw 92 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- CRIMINAL APPEAL No. - 4937 of 2017
 

 
Appellant :- Umakanti @ Mausi
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Dhirendra Pratap Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Bachchoo Lal,J.

Ref : Crl. Misc. Bail Application No. 287669 of 2017

Counter affidavit filed on behalf of State be taken on record.

Heard learned counsel for the appellant,  learned AGA for the State on bail application of the appellant who has been found guilty under various sections of Indian Penal Code and sentenced to undergo six years rigorous imprisonment with fine.

Learned counsel for the appellant submits that the allegation against the appellant is that she took away the victim along with her who was playing along with other children in the  garden and handed her over to the co-accused Shobha Lal who took her to Allahabad and committed rape upon her. Learned counsel for the appellant further submitted that maximum sentence of six years has been awarded to the appellant, while, she has already undergone three years and three months in jail that is more than half of the sentence awarded to her. It is further submitted that if the accused -appellant is released on bail, she will never misuse the liberty of bail. There is no likelihood of early hearing of the appeal in near future. The appellant was on bail during trial and she  had not misused the liberty  for bail. Learned counsel for the appellant further submitted that the appellant is a lady and is entitled to the benefit of Section 437 Cr.P.C.

Per contra, learned AGA opposed the prayer for bail and supported the trial court's judgement.

Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case,  we are of the opinion that the appellant  has made out a case for bail.

Let the appellant Umakanti @ Mausi convicted and sentenced in S.S.T. No. 49 of 2014, under Sections 363, 366, 368, 328/34, 506 IPC, Police Station Akbarpur District Kanpur Dehat 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. The photocopies of the bonds so furnished be transmitted to this Court to be kept on record of the appeal.

Appeal is admitted, office is directed to prepare paper books and list this appeal for hearing in due course.

Order Date :- 20.4.2018/Gss