Upendra vs State Of U.P.
2022 Latest Caselaw 5368 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL APPEAL No. - 5161 of 2021
 

 
Appellant :- Upendra
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Virendra Kumar Singh,Abhinab Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Deepak Verma,J.

Order on Appeal

List in due course.

Re: Crl. Misc. Bail Application No. 01 of 2021

Rejoinder affidavit filed today by learned counsel for the appellant is taken on record.

Heard learned counsel for the appellant, learned A.G.A. appearing for the State and perused the material placed on record.

Present bail application has been moved on behalf of the appellant who has been convicted in Spl. Case No.03 of 2020 arising out of Case Crime No. 305 of 2019, under Section 452 I.P.C. and Section 8 POCSO Act, P.S. Izzatnagar, District Bareilly and sentenced to undergo four years rigorous imprisonment along with fine of Rs.5000/- and in default in payment of fine, he was further to undergo four months additional imprisonment; for the offence under Section 8 of POCSO Act the appellant was sentenced to undergo four years imprisonment along with fine of Rs.5000/- and in default in payment of fine, he was further to undergo four months additional imprisonment.

Learned counsel for the appellant submits that appellant has been wrongly convicted in the present case. The statement of the victim does not support the prosecution case. However, identity of the applicant has not been considered by the trial court. The applicant was on bail during trial. He has been implicated in the present case due to ulterior motive. There is no whisper in the judgment that the appellant has been identified as the main accused. It has also been submitted that in case, on being released on bail, the appellant will not misuse the liberty of bail. The appellant is languishing in jail since 5.10.2021.

Learned AGA has opposed the prayer for bail and submitted that appellant is not entitled for bail. There is no illegality and infirmity in passing the impugned judgment.

Having considered the rival submissions and the facts, since the appeal cannot be taken up and disposed of expeditiously in near future and during trial appellant has not misused the bail, without expressing opinion on the merits, I am of the view that the appellant Upendra has made out a case for release on bail pending disposal of the appeal.

Let the accused appellant Upendra be released on bail in the above case on furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to furnishing undertaking that he will cooperate in the hearing of the appeal.

The appellant is directed to deposit 50% of the amount of fine imposed by the trial court within one month from the date of his release on bail and the realization of rest 50% fine shall remain stayed during pendency of the appeal.

On acceptance of bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.

Order Date :- 24.6.2022

Deepika