Allahabad High Court
Sadaf vs State Of U.P. on 16 December, 2022
Bench: Mayank Kumar Jain
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 82
Case :- CRIMINAL APPEAL No. - 5897 of 2021
Appellant :- Sadaf
Respondent :- State of U.P.
Counsel for Appellant :- Prashant Vyas,Sr. Advocate
Counsel for Respondent :- G.A.
Hon'ble Mayank Kumar Jain,J.
Order on Crl. Misc. Bail Applications
Heard learned counsel for the appellant/applicant and learned A.G.A. for the State and perused the lower court record.
A prayer for bail has been made by the applicants in this criminal appeal, which has been filed against the judgment and order dated 22.11.2021 passed by Additional Sessions Judge/Fast Track Court, Meerut in Session Trial No.531 of 2010, arising out of Case Crime No.79 of 2010, under Sections 376 and 366 of IPC, Police Station Daurala, District Meerut whereby the applicant has been convicted and sentenced under Section 376 IPC for 14 years imprisonment with the fine of Rs.30,000/- and under Section 366 of IPC 10 years of imprisonment with fine of Rs.20,000/-.
It is submitted by learned counsel for the applicant that learned trial court did not consider the documentary and oral evidence available on record in right perspective and has erroneously convicted the applicant. Applicant is innocent person and falsely implicated in this case. It is submitted that the finding of learned trial Court are based on surmises and conjectures. PW-1 complainant and PW-2 Smt. Pinki are not the eye witness of the incident. Only on the basis of information given by PW-4 Prahlad Singh and PW-6 Ashok the applicant has been implicated in this case. There is no evidence available on record which suggests that applicant took away the victim. The prosecution story as stated is totally false and unbelievable. The victim was a consenting party. She refused to get her medically examined. Admittedly the age of the victim is 20 years. The victim herself has turned hostile against co-accused Sanjay and Ravi, therefore, their acquittal on the basis of the hostality of the complainant bellied the story of the prosecution. It is further submitted that it is highly improbable that a lady of about 22 years was administered some intoxic material at the Roadways Bus Station, Meerut which always remains crowded and thereafter she was taken to Haridwar and in turn to Delhi but she did not raise any alarm against the applicant. It is further submitted that DW-1 the Principal of the School, where victim was receiving the education, has stated that the victim did not attend the college from 18.01.2010 to 29.01.2010 while PW-1 has stated that victim attended the school on 19.01.2010. This is very material contradiction and also bellied the entire prosecution story. It is submitted that applicant was on bail during trial and he has not misused the liberty of bail. It is submitted that applicants are in jail since 22.11.2021 having no criminal history. It is submitted that none of the eye witness has proved the prosecution story. The trial court has misread the evidence available on record and wrongly convicted the appellants. It is further submitted that there is no possibility of early hearing of the appeal in view of heavy docket of the pendency of the matters.
Per-contra, learned A.G.A. has opposed the bail and argued that the learned trial court has rightly been convicted the applicant and there is no error in the judgment of trial Court.
Considering rival contentions, on perusal of records, looking into facts and circumstances of the case and without expressing any opinion on the merits of the case and as well as the sentence awarded to him, I am of the opinion that applicant is entitled to be released on bail.
Let the applicant Sadaf convicted and sentenced in aforesaid case crime be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them till the disposal of the appeal.
The applicant shall be released from the jail only after depositing the entire amount of fine.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Accordingly, the bail application is allowed.
Order on Appeal
List in due course.
Order Date :- 16.12.2022
Mohit
