Allahabad High Court
Baccha @ Dileep Aarkha vs State Of U.P.And Another on 14 June, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL APPEAL No. - 1594 of 2021
Appellant :- Baccha @ Dileep Aarkha
Respondent :- State Of U.P.And Another
Counsel for Appellant :- Pratap Kanchan Singh
Counsel for Respondent :- G.A.
Hon'ble Pankaj Bhatia,J.
Order on Appeal
Present criminal appeal has been filed against the judgment and order dated 19.2.2021 passed by the Additional Session Judge, 4th/Special Judge (POCSO Act), Banda in Special Case No. 123 of 2019 whereby the appellant has been found guilty under various sections of Indian Penal Code and sentenced to suffer various terms of imprisonment, maximum being 20 years. Fine has also been imposed.
Heard.
The appeal is admitted.
Summon the lower court record.
Let the paper books be prepared at an early date.
List the appeal for hearing in due course.
Order on Crl. Misc. Bail Application
Counsel for the applicant argues that from a perusal of the judgment impugned in the present appeal, it is clear that the sentence has been awarded on the basis of no evidence whatsoever. He has further drawn my attention to the statement of the prosecutrix as well as her mother, who were declared hostile during trial. Even from the medical examination on record, it is clear that no injury either external or internal was found on the person of the prosecutrix. He further submitted that the applicant is in custody since 19.2.2021 and has no criminal antecedents.
I have perused the statement of the doctor, which is on record. From a perusal, it is apparent that the conviction order has been passed only on the basis of the statement under Section 164 CrPC.
Per contra, learned AGA has opposed the prayer for bail and supported the trial court's judgment.
On the basis of material on record coupled with the fact that the appellant was enlarged on bail during trial and has not misused the said liberty and that the appellant is in custody since 19.2.2021including the fact that there is no likelihood of the appeal being heard in the near future, the bail application is allowed, let the appellant Baccha @ Dileep Aarkha convicted in Special Case No. 123 of 2019, Case Crime No. 217 of 2019, under Sections 6 of POCSO Act and 342 IPC, Police Station Atarra, District Banda be released on bail during the pendency of appeal on executing a personal bond with two reliable sureties each in the like amount to the satisfaction of the trial Court concerned subject to deposit of fine of Rs. 10,000/- only.
On acceptance of bail bonds and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
The bail application is, accordingly, disposed off.
Copy of the order downloaded from the official website of this Court shall be accepted as a true copy of this order subject to its verification from the official website by the concerned Court below.
Order Date :- 14.6.2021
vinay
