Allahabad High Court
Haider Ali vs State Of U.P. Thru. Its Prin. Secy. ... on 13 April, 2023
Bench: Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- CRIMINAL APPEAL No. - 1128 of 2023
Appellant :- Haider Ali
Respondent :- State Of U.P. Thru. Its Prin. Secy. Home Lko.
Counsel for Appellant :- Satya Bhushan Verma
Counsel for Respondent :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
(Order on appeal)
Heard Sri Satya Bhusan Verma, learned counsel for the appellant and Sri Balram Singh, learned A.G.A. for the State.
The instant appeal has been filed by the sole appellant herein to assail the judgment and order dated 04.04.2023 passed in Criminal Case No.57 of 2014 (State vs. Haider Ali) arising out of Case Crime No. 151 of 2014 under sections 363 & 366 I.P.C. and Section 8 POCSO Act, Police Station- Bachhrawan District- Raebareli; whereby the appellant has been convicted under sections 363 & 366 I.P.C. only. He has been acquitted from the charge under Section 8 POCSO Act and has been sentenced to undergo 5 years' rigorous imprisonment for offence under section 363 with a fine of Rs.3000/- and in default of payment of fine, 2 months additional simple imprisonment. Further, the appellant has been sentenced to rigorous imprisonment for 7 years under section 366 I.P.C. with a fine of Rs.5000/- and in default of payment of fine, 4 months' additional simple imprisonment. All the sentences were directed to run concurrently.
Admit.
Summon Lower Court Record.
Notice on behalf of sole respondent-State has been accepted by Sri Balram Singh, learned A.G.A. for the State.
List in due course.
(Order on C.M. Bail Application No.1 of 2023 : First Bail Application)
Heard Sri Satya Bhusan Verma, learned counsel for the appellant and Sri Balram Singh, learned A.G.A. for the State.
Learned counsel for the appellant has submitted the accused-appellant is innnocent and has been falsely implicated in the present case.
By means of instant application for bail, the appellant herein seeks bail during pendency of appeal by submitting that the F.I.R. in this case came to be lodged on the basis of false and fabricated facts. His submission is that he has been falsely implicated because of his prior acquaintance with the victim. Learned counsel for the appellant has submitted that the finding of guilt recorded by the learned Trial Court is against the weight of evidence, which is based on surmises and conjectures, therefore, the same is perverse. He has also submitted that the victim is major who voluntarily left her parental home to accompany the accused. He has also submitted that the learned Trial Court in Para 38 of the impugned judgment has noticed the fact that the victim and the present appellant stayed together for more than two days. The victim was not sexually assaulted during this period. It has been recorded in the finding of fact to the effect that it has also been recorded in the impugned judgment that she had left her parental house voluntarily and has accompanied the sole accused-appellant by her own will. He has also submitted that in view of aforesaid factual circumstances and also keeping in view of the fact that this instant appeal is likely to take time in getting the same disposed of finally, the appellant shall be unnecessarily languishing in jail who is already in judicial custody since 04.04.2023.
He has also submitted that the maximum sentence awarded to the appellant is up to seven years only.
Learned counsel for the appellant has also submitted with vehemence that the appellant was on bail during trial and never misused the liberty granted to him, therefore, he deserves to be enlarged on bail. Learned counsel for the appellant has concluded his submission by submitting that in case, the appellant is enlarged on bail, he shall not misuse the liberty of bail and he shall cooperate in the early disposal of appeal without seeking any adjournment
Per contra, learned A.G.A. opposed the prayer for bail by submitting that by means of impugned judgment dated 04.04.2023, the appellant has been convicted on charges under sections 363 & 366 I.P.C., therefore, he does not deserve to be enlarged on bail. However, he has been unable to dispute the factual submissions advanced by learned counsel for the appellant.
Having heard upon perusal, it transpires that the F.I.R. came to be lodged against the appellant and charge-sheet came to be filed upon conclusion of investigation which gave rise to Criminal Case No.57 of 2014, however, the fact remains that the victim, in her statement recorded under Section 161 Cr.P.C. by the learned Trial Court in Para 30 of its judgment, has stated that she had left her parental home voluntarily and had accompanied the appellant by her own will. The victim stayed with the accuse-appellant for more than 2 days and was not sexually assaulted by the appellant during this period. The fact that the appellant was on bail during trial has also not been disputed and there is nothing on record to show that the appellant ever misused the liberty granted to him.
Thus, in view of the aforesaid facts and circumstances of the case and the arguments advanced on behalf of both the parties, without expressing any opinion on merits of the appeal, this Court finds it a fit case for bail of appellant during pendency of this appeal.
Accordingly, let the accused-appellant- Haider Ali be enlarged on bail, convicted in the aforesaid case crime, during the pendency of this appeal on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The appellant shall cooperate in the early disposal of appeal without seeking any adjournment.
(ii) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The appellant shall deposit the entire amount of fine imposed against him by the Learned Trial Court vide impugned judgment and order dated 04.04.2023 within a period of four weeks from the date he is released on bail under this order.
It is made clear that this Court has, however, not made any observation on the merits of the appeal.
A copy of the personal bond and sureties shall be transmitted to this Court by the Court below for being kept on record.
[Ajai Kumar Srivastava-I,J.]
Order Date :- 13.4.2023
Manoj K.
