Narendra Singh Alias Baldau vs State Of U.P.
2019 Latest Caselaw 3489 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 
Criminal Misc. Second Bail Application No. 240356 of 2016
 
In
 
Case :- CRIMINAL APPEAL No. - 1736 of 2015
 
Appellant :- Narendra Singh Alias Baldau
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ram Lakhan Deobanshi,Ram Lakhan Yadav
 
Counsel for Respondent :- Govt.Advocate,C.M. Rai
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Counter affidavit filed by learned A.G.A. is taken on record.

This is the second bail application. First bail application has been rejected by Hon'ble Mr. Justice Pratyush Kumar on 08.7.2015.

Heard learned counsel for the accused-appellant and learned A.G.A. for the State on second bail application. Perused the record.

By judgement and order dated 31.3.2015 passed by learned Additional Sessions Judge/Fast Track Court, Fatehpur, accused-appellant has been convicted and sentenced in Special Sessions Trial No. 32 of 2013 (State Vs. Narendra Singh alias Baldau), arising out of Case Crime No. 250 of 2013, P.S. Khaga, District Fatehpur, for the offence under section 376 IPC, for ten years rigorous imprisonment and Rs.10,000/- as fine, for the offence under section 506 (2) IPC, for three years rigorous imprisonment and Rs.3,000/- as fine and for the offence under section 6 of POCSO Act, for ten years rigorous imprisonment and Rs.10,000/- as fine.

Submission of learned counsel for the accused-appellant is that appellant is in jail for the last more than five years. Further submission is that accused-appellant has wrongly been implicated in this case and since there is chance of success in appeal, his bail application may be disposed of.

Learned A.G.A. has vehemently opposed the prayer of bail and submitted that accused-appellant was a teacher in the same school where the victim was studying and at that time, the age of victim was determined as 17 years. The victim had supported the prosecution version and narrated whole episode that how the accused-appellant committed rape with her in school. It has also been pointed out that after committing rape, the victim was forced to write a letter mentioning that she is in love with accused-appellant. As per prosecution version, this letter was recovered from the possession of accused-appellant.

Learned A.G.A. has also pointed out that the victim has supported the prosecution version in her statement under section 164 Cr.P.C. The learned trial court after appreciating evidence on record has very rightly convicted and sentenced the accused appellant.

Considering the fact that accused-appellant was a teacher of victim-child his culpability become more offending and serious and, therefore, without expressing any view on merits of the case, I do not find sufficient ground for releasing the accused-appellant on bail.

Accordingly, bail application of accused-appellant Narendra Singh alias Baldau in Case Crime No. 250 of 2013, P.S. Khaga, District Fatehpur, under Sections 376, 506 (20 IPC and Section 6 of POCSO Act, is rejected.

As per office report, lower court record has already been received. Office to proceed to prepare paper book within a period of three months.

List this appeal in the first week of September, 2019 for final hearing.

Order Date :- 25.4.2019

RCT/-