Allahabad High Court
Rashid vs State Of U.P. on 18 April, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 72
Case :- CRIMINAL APPEAL No. - 5803 of 2018
Appellant :- Rashid
Respondent :- State Of U.P.
Counsel for Appellant :- Rohit Kumar Pandey
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Counter affidavit filed today by learned A.G.A. is taken on record.
(Order on Criminal Misc. Bail Application No. 01 of 2018.)
Heard learned counsel for the appellant and learned A.G.A. for the State on bail application. Perused the record.
By judgment and order dated 31.8.2018 passed by learned VIIIth Additional District & Sessions Judge/Special Judge (POCSO), Bulandshahar, the accused-appellant has been convicted and sentenced for the offence under Section 363 IPC, for four years imprisonment and fine of Rs.10,000/-, for the offence under section 366 IPC, seven years imprisonment and fine of Rs.15,000/- and for the offence under section 376(2)(I) IPC, for ten years rigorous imprisonment and fine of Rs.20,000/- in Special Criminal Case No. 2766 of 2017 in Case Crime No. 1367 of 2017, under Sections 363, 366, 376 IPC, Section 4, POCSO Act, P.S. Kotwali Dehat, District Bulandshahar.
Submission of learned counsel for the appellant is that in this case P.W. 1-informan, who is the father of the victim did not support the prosecution version and he turned hostile. Subsequently, P.W. 2, who is the victim has also turned hostile. When these two witnesses turned hostile, the defence admitted the genuineness of police papers, thereafter, learned trial court on the basis that at the time of incident the victim was below the age of 18 years and also because she has supported the prosecution under section 164 Cr.P.C., convicted the accused person. The accused-appellant having no other criminal history is languishing in jail since 22.8.2017. The appellant undertakes that he will not misuse the liberty of bail, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Considering the facts and circumstances of the case, I find sufficient ground for bail of the accused-appellant during pendency of appeal.
Let the appellant-Rashid convicted and sentenced in Special Criminal Case No. 2766 of 2017 in Case Crime No. 1367 of 2017, under Sections 363, 366, 376 IPC, Section 4, POCSO Act, P.S. Kotwali Dehat, District Bulandshahar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Learned trial court is further directed to transmit relevant papers to the court in original keeping photostat copies thereof for record.
So far as sentence of fine is concerned, on depositing 50% of fine, the remaining fine shall remain stayed during pendency of appeal. 50% fine shall be deposited within a month from receipt of this order.
List the appeal for hearing in due course.
Order Date :- 18.4.2019
RCT/-
