Allahabad High Court
Shobhit Sharma vs State Of U.P. And Another on 2 February, 2023
Bench: Ram Manohar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 50
Case :- CRIMINAL APPEAL No. - 3598 of 2020
Appellant :- Shobhit Sharma
Respondent :- State of U.P. and Another
Counsel for Appellant :- Vijendra Pal Singh,Smt. Krishna Singh,Sudhanshu Kumar Gour Hari
Counsel for Respondent :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Order on Bail Application
Heard learned counsel for the appellant and learned A.G.A. for the State.
Learned counsel for the appellant submitted that as per the prosecution version, the appellant kidnapped the minor daughter of the informant which was around 15 years of age, when she had gone to purchase medicine in the market Shidpura. A report was lodged on 3.12.2017 against the named accused- Shobit Sharma, in the P.S. concerned. The accused was arrested by police on 4.12.2017 and victim was recovered. During investigation her statement was recorded under Section 164 Cr.P.C. Learned counsel further submitted that in medical examination of the victim no internal or external injury was found on the victim. The doctor has stated that during the victim's medical examination, she had told that she had gone with accused out of her free will and she had established physical relation with the appellant- Shobit Sharma, out of her consent. The accused-appellant has been falsely implicated in the case. He further submitted that the accused-appellant has undergone actual imprisonment of 5 years 1 month, whereas maximum sentence awarded to him were as under:-
i) to undergo 3 years of rigorous imprisonment and a fine of Rs.10,000/- with default stipulation under Section 363 I.P.C.
ii) to undergo 10 years of rigorous imprisonment and a fine of Rs. 25,000/- with default stipulation under Section 376 I.P.C.
iii) to under go 10 years of rigorous imprisonment and a fine of Rs. 25,000/- with default stipulation under Section 3/ 4 POCSO Act, all the sentences were directed to run concurrently in impugned judgment passed in S.T. No.11 of 2018 against which present appeal has been preferred by the appellant.
The appellant has already undergone more than half of sentence and so deserves to be released on bail in the light of direction dated 05.10.2021 by Hon'ble Supreme Court in Saudan Singh Vs. State of U.P. of S.L.P. No.4633 of 2021, as the appellant has undergone more than half of the sentence awarded in judgment under appeal. It is further submitted that the final disposal of appeal is likely to take further time, keeping in view the huge docket of criminal appeals in the Court.
Per contra, learned A.G.A. opposed the bail application and submitted that victim was found minor in medical report as well in her academic documents which was brought before the Court during trial and the victim had implicated the appellant in her statement under Section 164 Cr.P.C. as well as in her statement before the Court. However, he did not dispute the period of custody contended by learned counsel for the appellant.
Considering rival submissions of learned counsel for the parties, medical report and keeping in view the fact that the appellant had undergone half of the sentence awarded in impugned judgment without expression any opinion on merits of case, in my considered opinion, a case for bail is made out.
Let the appellant- Shobit Sharma convicted and sentenced in aforesaid case be released on bail on their furnishing personal bond of Rs. 50,000/- with two heavy sureties each in the like amount to the satisfaction of the court concerned with condition that the appellant and his counsel will co-operate in hearing and will not seek adjournments on insufficient grounds.
So far as the fine is concerned, the appellant will deposit half amount of fine awarded in the impugned judgment before the Court concerned and the remaining half shall remain stayed during pendency of this appeal. However, if the appellant fails to deposit the half amount of the fine within a period of one month from today, the Trial Court will be at liberty to realize the same in accordance with law.
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.
Order on criminal appeal.
List this appeal for hearing in due course.
Order Date :- 2.2.2023/Nitika
