Allahabad High Court
Danish vs State Of U.P. on 3 December, 2022
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 66
Case :- CRIMINAL APPEAL No. - 6118 of 2021
Appellant :- Danish
Respondent :- State of U.P.
Counsel for Appellant :- Jalaj Kumar Tripathi,Bheshaj Puri
Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Order on Criminal Appeal
This criminal appeal has been filed against the judgment and order dated 20.11.2021 passed by Additional Sessions Judge/ Fast Track Court-I, Bareilly in Sessions Case No. 978 of 2014 (State Vs. Danish), arising out of Case Crime No. 80 of 2014, Police Station Anwala, District Bareilly, by which the appellant has been convicted for the offence under Section 366 IPC and awarded the sentence of five years rigorous imprisonment with a fine of Rs. 10,000/- with default stipulation.
List in due course.
Order on Bail Application
Heard learned counsel for appellant, learned A.G.A. for the State and perused the record.
Learned counsel for the appellant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the appellant has next submitted that in fact, victim had gone with the appellant out of her own free will and volition and therefore, she was not under any fear or coercion and has travelled with the appellant from one place to another, however subsequently, when the appellant has refused to marry her, then the present first information report has been lodged against the appellant.
Learned counsel for the appellant has next submitted that even as per the prosecution story, victim had gone with the appellant along with jewellery and money taken by her from her house which further shows her voluntariness and freewill. As per the medical examination report, the victim has been opined to be 18 years of age and she is a major.
Learned counsel for the appellant has next submitted that maximum sentence awarded to the appellant is five years and the appellant has already undergone more than one year of imprisonment including the period of incarceration during trial.
Learned counsel for the appellant has next submitted that the trial court has not appreciated the evidence and material on record in right perspective and has illegally passed the impugned judgment and order dated 20.11.2021 convicting and sentencing the appellant.
Learned counsel for the appellant has next submitted that the appeal is of the year 2021 and the chances of appeal being heard and decided in near future is very bleak due to heavy dockets.
Learned counsel for the appellant has next submitted that the appellant is in jail since 17.09.2021 and has no criminal history to his credit, as such, the appellant may be released on bail.
Per contra, learned AGA has opposed the prayer for bail but he could not dispute the aforesaid facts.
Having considered the rival submissions made by learned counsel for the parties and on perusal of the record, it is evident that the victim is a major girl aged about 18 years. From the material evidence on record, it is evident that she had gone with the appellant out of her own free will and volition and was not under any fear or coercion. She has travelled from one place to another with the appellant and never raised an alarm or objection. The factum that she had gone with the appellant after taking jewellery and money from her house further shows her voluntariness and freewill to go with the appellant without any fear or coercion. It appears that when appellant refused to marry her, the instant criminal case has been falsely lodged. Victim is a major girl and mature enough to understand the consequence of her act.
It is evident that maximum sentence awarded to the appellant is five years and the appellant has already undergone more than one year of imprisonment including the period of incarceration during trial. The appeal is of the year 2021 and the final disposal of the appeal will take a long time on account of heavy dockets, as such, the prayer for suspending the sentence is allowed.
Let the appellant Danish be released on bail in the aforesaid case on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to deposition of entire amount of fine, if already not deposited.
On acceptance of bail bonds, the court below shall transmit the xerox copies thereof to this Court for being kept on record.
Order Date :- 3.12.2022
CS/-
