Amit @ Lochi vs State Of U.P.And Another
2021 Latest Caselaw 6240 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL APPEAL No. - 1308 of 2021
 

 
Appellant :- Amit @ Lochi
 
Respondent :- State Of U.P.And Another
 
Counsel for Appellant :- Yogesh Kumar Srivastava,Ajay Kumar Dwivedi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pankaj Bhatia,J. 

Order on Bail Application

Heard learned counsel for the appellant-applicant and learned A.G.A. for the State.

The appeal is admitted vide order dated 18.3.2021 and the matter was placed for consideration of bail application.

Despite sufficient time having elapsed no one has put in appearance on behalf of opposite party No.2 as such the bail application is being considered.

The present bail application has been filed by the applicant-appellant in P.S.T. No. 1165 of 2015 in Case Crime No. 1102 of 2015, under Sections 354, 504, 506 I.P.C. and under Section 7/8 POCSO Act, police station Uttar, District Firozabad with the prayer to enlarge the applicant-appellant on bail.

I have perused the judgment and order dated 16.2.2021 passed by the trial court convicting the applicant-appellant.

Counsel for the appellant-applicant argues that there are great inconsistencies in the judgment in question. He has drawn my attention to the delay in lodging in the FIR which has been dealt with in the impugned judgment which the counsel for the appellant argues is bad in law. The appellant was on bail during the trial and has not misused the said liberty. The appellant is in custody since 16.2.2021 and has no criminal antecedents.

Learned A.G.A. has opposed the bail application.

Considering the submissions recorded above and quantum of sentence given to the applicant-appellant and without expressing any opinion on merits of the case, I find that the appellant is entitled to be enlarged on bail.

Let appellant-applicant Amit @ Lochi convicted and sentenced vide impugned order dated 16.2.2021 in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to deposit of entire amount of fine as imposed by the court below vide impugned order.

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 :- 14.6.2021

piyush