Allahabad High Court
Abhishek Rai @ Bablu Rai vs State Of U.P. And 3 Others on 6 February, 2023
Bench: Ram Manohar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 50
Case :- CRIMINAL APPEAL No. - 10043 of 2022
Appellant :- Abhishek Rai @ Bablu Rai
Respondent :- State Of U.P. And 3 Others
Counsel for Appellant :- Hari Bans Singh,Dharm Jeet Singh
Counsel for Respondent :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Order on Bail Application
Heard learned counsel for the appellant and learned AGA for the State.
This criminal appeal under Section 374(2) Cr.P.C. has been filed by the appellant- Abhishek Rai @ Bablu Rai against the judgment and order dated 30.11.2022 passed by the learned Additional Judge/(POCSO Act), Additional Session Judge, Court No.8, Ballia in S.T. No. 34 of 2013 (State Vs. Abhishek Rai @ Bablu Rai) arising out of Case Crime No. 324 of 2013, under Sections 354, 504, 506 IPC and Section 8 of POCSO Act, Police Station Sikandarpur, District Ballia whereby the appellant has been convicted and sentenced under Section 354 IPC for a period of three years rigorous imprisonment along with fine of Rs. 10,000/- and in default of payment of fine, the appellant will undergo further imprisonment for one year, under Section 504 IPC for a period of two years rigorous imprisonment along with fine of Rs. 5,000/- and in default of payment of fine, the appellant will undergo for a period of six months further imprisonment, under Section 506(2) IPC for a period of two years rigorous imprisonment along with fine of Rs. 5,000/- and in default of payment of fine, the appellant will undergo for a period of six months further imprisonment and under Section 8 of POCSO Act for a period of three years rigorous imprisonment along with fine of Rs. 10,000/- and in default of payment of fine, the appellant will undergo for a period of one year further imprisonment.
Learned counsel for the appellant argued that the maximum punishment awarded to the appellant is three years rigorous imprisonment along with fine and default clause and conviction in other sections. It is argued that the appellant is on interim bail vide order dated 30.11.2022 passed by the court below. The appellant was on bail during the pendency of trial.
Per contra, learned counsel for the State opposed the prayer for interim bail and submitted that the offences are of serious nature. However, he did not dispute that sentence awarded under the impugned order is three years and appellant was enlarged on bail during trial.
Considering the totality of the case, in particular, detention period of the appellant and the fact that the appeal may take some time for its final disposal, without further commenting on the merits of the case, this Court is inclined to release the appellant on bail.
Let appellant, Abhishek Rai @ Bablu Rai, convicted and sentenced in the above mentioned sessions trial, be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
List this appeal for final hearing in its due course.
In the meanwhile, Registry to prepare paper book, if not already prepared.
Order Date :- 6.2.2023
Dhirendra/
