Halley @ Surpal vs State Of U.P.
2021 Latest Caselaw 2670 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- CRIMINAL APPEAL No. - 404 of 2021
 

 
Appellant :- Halley @ Surpal
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Pt. S.P. Sharma
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Suresh Kumar Gupta,J.

(Order on Appeal)

Summon the lower court record.

List in due course after receipt of record.

(Order on Bail Application)

Heard learned counsel for the appellant / applicant, learned A.G.A for the State and perused the record.

Applicant / appellant has been convicted in S.T. No. 10 of 2015 (State Vs. Halley @ Surpal) arising out of Case Crime No. 388 of 2014, under sections 363, 366-A I.P.C. and Section 4 of POCSO Act, 2012, P.S. Madawara, District- Lalitpur.

Learned counsel for the appellant / applicant submits that the appellant / applicant is innocent and has falsely been implicated in the present case due to malafide intention. That victim has voluntarily entered into relationship with appellant and they have solemnized marriage with each other without any coercion and threat in Bhopal. Learned counsel further submits that the learned trial court without appreciating the evidence on record has convicted the appellant / applicant. Learned counsel further submits that the appellant / applicant is on bail and never misused the liberty of bail. At present he is in jail since 23.11.2020. Learned counsel next submitted that due to huge pendency before this Court, there is no chance for expedite disposal of the appeal and appellant / applicant is ready to co-operate with the hearing of appeal for early disposal of this appeal.

Learned A.G.A for the State has vehemently opposed the prayer for bail and submitted that the applicant / appellant has rightly been convicted for the offence and there is sufficient evidence available on record against the applicant/appellant. Learned A.G.A has further submitted that there is no illegality in the impugned order and judgment, hence, the applicant/appellant is not entitled for bail.

After hearing the rival submissions of the parties and perusal of record and period of sentence, without expressing any opinion on merits, I find that it is a fit case for grant of bail of appellant / applicant during the pendency of the appeal.

Let the appellant / applicant - Halley @ Surpal be released on bail on his furnishing personal bond and two sureties each in the like amount to the satisfaction of Court below on the condition that the appellant / applicant will co-operate with the hearing of the appeal. However, it is made clear that the fine has not been stayed.

As soon as personal bonds and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.

Order Date :- 19.2.2021

Vibha Singh