Rohit Rajpoot vs State Of U.P.
2021 Latest Caselaw 7005 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 69
 
Case :- CRIMINAL APPEAL No. - 2293 of 2021
 

 
Appellant :- Rohit Rajpoot
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Raj Kumar Vaishya
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ajit Singh,J.

1. Order on Appeal.

Heard the learned counsel for the appellant, learned A.G.A for the State and perused the judgment and order dated 4.3.2021 passed by Spl. Judge (POCSO) Act/court no. 3/Addl. Sessions Judge, Bareilly in Special Criminal Case no. 176 of 2020 (State vs. Rohit Rajpoot).

Admit.

Learned A.G.A. has accepted notice on behalf of the State.

Summon the lower court record.

List after twelve months for hearing before appropriate Bench.

2. Order on Criminal Misc. Bail Application.

The learned counsel for the appellant submits that the appellant was convicted under Section 8 of Protection of Children from Sexual Offences (POCSO) Act and the maximum sentence was of five years. He next submits that the appellant was on bail during the trial and never abused the same and are in jail after conviction. It was lastly submitted that in case the appellant was not released on bail, the appeal would, in due course, become infructuous as there was no prospect of the appeal being heard in near future due to heavy dockets.

In my opinion, prima facie, the aforesaid submissions of the learned counsel for the appellant has substance, therefore, it is just and expedient to exercise the discretion in favour of the appellant.

Keeping in view the entire facts and circumstances of the case and submission of the learned counsel for the appellant and the learned A.G.A., the appellant be released on bail in all the offences he has been convicted and sentenced, in the aforesaid Session Trial, during the pendency of the appeal, on his each furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

The realisation of half of the fine shall remain stayed during pendency of the appeal, provided the appellant deposit half of the fine within one month.

On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 5.7.2021

Faridul