Lav Kush vs State Of U.P. And Anr.
2021 Latest Caselaw 2891 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- CRIMINAL APPEAL No. - 347 of 2020
 

 
Appellant :- Lav Kush
 
Respondent :- State Of U.P. And Anr.
 
Counsel for Appellant :- Shams Uz Zaman
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Suresh Kumar Gupta,J.

Order on Appeal

As per judgment and order dated 29.11.2019, co-accused Shakeel Ahmed was also convicted by the trial court. Office is directed to tag the appeal of appellant Shakeel Ahmed alongwith this appeal.

Paper book is ready.

List on 22.4.2021 for 'final hearing'.

Order on Bail Application

Heard learned counsel for the appellant and learned A.G.A.

Applicant/appellant has been convicted in S.S.T. No. 24 of 2014, Case Crime No. 358 of 2014 (State Vs. Lav Kush and Others) under Sections 376 I.P.C. and 4 POCSO Act., P.S. Naini, District Allahabad.

Learned counsel for the appellant / applicant submits that the applicant-appellant is innocent and has falsely been implicated in the present case. It is also submitted that doctor has clearly opined in his report that alleged sexual intercourse was committed prior one month of the alleged incident and no mark of recent injury found on the external or internal body part of victim. That as per radiological report, victim is about more than 16 years and she was a consenting party. It is next submitted that there is no direct evidence against the applicant. He further submits that the learned trial court without appreciating the evidence on record has convicted the appellant. He further submits that the applicant is in jail since 30.5.2014. He next submitted that due to huge pendency before this Court, there is no chance for expedite disposal of the appeal and applicant / appellant 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 victim is a minor girl and she has clearly stated in her statement that forcefully rape was committed with her by the applicant. There is evidence against the appellant / applicant so the applicant /appellant has rightly been convicted for the offence. Learned A.G.A has further submitted that there is no illegality in the impugned order and judgment, passed by trial court. 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 not a fit case for grant of bail of appellant/applicant during the pendency of the appeal. Hence, bail application in the appeal is 'rejected'.

Order Date :- 23.2.2021

Vibha Singh