Allahabad High Court
Ajeet Kumar Patel vs State Of U.P. on 26 April, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 7458 of 2018
Appellant :- Ajeet Kumar Patel
Respondent :- State Of U.P.
Counsel for Appellant :- Sudeep Dwivedi
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Supplementary affidavit filed by learned counsel for the appellant and counter affidavit filed by learned A.G.A. are taken on record.
Heard learned counsel for the accused-appellant and learned A.G.A. for the State on bail application. Perused the record.
By the judgement and order dated 17.11.2018 passed by learned Additional Sessions Judge-Ist, District Sonbhadra, the accused-appellant has been convicted and sentenced in S.T. No. 11 of 2016, arising out of Case Crime No. 37 of 2016, P.S. Raipur, District Sonbhadra, for the offence under section 354-A IPC, one and half years rigorous imprisonment and Rs.2,000/- fine, for the offence under section 323 IPC, six months imprisonment and Rs.500/- fine and for the offence under section 8 of POCSO Act, three years rigorous imprisonment and Rs.3000/- fine.
Submission of learned counsel for the accused-appellant is that earlier the accused-appellant was released by learned trial court on interim bail, thereafter, in compliance of order of this Court dated 18.12.2018 by which, appellant was directed to surrender before the trial court within ten days, the accused-appellant surrendered before the court and since then he is in jail. He undertakes that he will not misuse the liberty of bail, if granted.
Learned A.G.A. has vehemently opposed the prayer of bail and submitted that learned trial court has rightly convicted and sentenced the accused appellant after appreciating evidence on record.
Considering the facts and circumstances of the case and also that there is no chance of early hearing of this appeal, without expressing any opinion on merits of the case, I find it to be a case for bail during pendency of appeal.
Let the appellant-Ajeet Kumar Patel convicted in S.T. No. 11 of 2016, arising out of Case Crime No. 37 of 2016, under sections 354-A, 323 IPC and Section 8 POCSO Act, P.S. Raipur, District Sonbhadra, be released on bail during pendency of appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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.
As soon as personal bond and sureties are furnished, after keeping photostat copies of the same, original copies are directed to be transmitted to this Court forthwith from the trial court.
List the appeal for hearing in due course.
Order Date :- 26.4.2019
RCT/-
