Jassu @ Jasrath vs State Of U.P.
2019 Latest Caselaw 4410 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL APPEAL No. - 2334 of 2018
 

 
Appellant :- Jassu @ Jasrath
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ved Prakash Ojha
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Counter affidavit filed today by learned A.G.A. is 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 21.3.2018 passed by learned Additional Sessions Judge, F.T.C.-I, Lalitpur, the accused-appellant has been convicted in S.T. No.21 of 2012, arising out of Case Crime No. 446 of 2011, P.S. Bar, District Lalitpur and sentenced for the offence under section 376-D IPC, for twenty years rigorous imprisonment and fine of Rs.10,000/-, for the offence under section 67 I.T. Act, for three years rigorous imprisonment and fine of Rs.10,000/- and for the offence under section 4 and 6 of Indecent Representation of Women (Prohibition) Act, 1986, for one year rigorous imprisonment and fine of Rs.10,000/-.

Submission of learned counsel for the accused-appellant is that accused-appellant has been falsely implicated in this case. The FIR was lodged after much delay. The accused-appellant was on bail during trial and he never misused the liberty of bail. The accused-appellant is in jail since 21.3.2018. He undertakes that he will not misuse the liberty of bail, if granted.

Per contra, learned A.G.A. has vehemently opposed the prayer of bail and submitted that accused-appellant has been convicted for gang rape of a girl who was below 16 years in age. He has also submitted that the accused-appellant got prepared a video film of gang rape and passed it through WHATSAPP message, therefore, it is not a case in which any sympathy should be given to the accused-appellant.

Considered the submissions of both sides.

Keeping in view, the magnitude of the offence, without expressing any opinion on merits of the case, I do not find any ground for bail of accused appellant during pendency of appeal.

Accordingly, bail application of Jassu @ Jasrath in S.T. No.21 of 2012, arising out of Case Crime No. 446 of 2011, under Sections 376-D IPC, 67 I.T. Act and Section 4 & 6 of Indecent Representation of Women (Prohibition) Act, 1986, P.S. Bar, District Lalitpur, is rejected.

Since the lower court record is said to have been received, office is directed to prepare paper book within three months.

List after three months for final hearing.

Order Date :- 13.5.2019

RCT/-