Allahabad High Court
Sumit Rathore vs State Of U.P. on 15 March, 2021
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 87
Case :- CRIMINAL APPEAL No. - 2762 of 2020
Appellant :- Sumit Rathore
Respondent :- State of U.P.
Counsel for Appellant :- O.P.S. Rathore,Satish Kumar Yadav
Counsel for Respondent :- G.A.
Hon'ble Suresh Kumar Gupta,J.
(Order on Appeal)
List the appeal in due course for hearing.
(Order of Bail Application)
Heard learned counsel for the appellant/applicant, learned A.G.A for the State and perused the record.
Applicant/appellant Sumit Rathore has been convicted in S.S.T. No. 90 of 2019 arising out of Case Crime No. 130 of 2019, convicting and sentencing the appellant to undergo 10 years R.I. and fine of Rs. 20,000/- in case of non-payment of fine, two months further imprisonment for the offence under Section 376 IPC and under Section 3/4 POCSO Act, convicting and sentencing him to undergo 2 years S.I. and fine of Rs. 1,000/- in case of non payment of fine, one month further imprisonment for the offence under Section 452 IPC convicting and sentencing him to undergo 2 years S.I. and fine of Rs. 1,000/- in case of non-payment of fine, one month further imprisonment for the offence under Section 506 IPC.
Learned counsel for the appellant / applicant submits that the applicant-appellant is innocent and has falsely been implicated in the present case. He further submits that there is no sign of any forceful sexual assault was found on the medical examination of the victim. He further submits that the learned trial court without appreciating the evidence on record has convicted the appellant. He further submits that the applicant-appellant was on bail during trial and has not misused the liberty of bail. He further submits that the applicant is in jail since 23.08.2020. 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 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 Sumit Rathore be released on bail on furnishing personal bond and two sureties 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 :- 15.3.2021
Ujjawal
