Allahabad High Court
Kaliya @ Sunil vs State Of U.P. on 21 February, 2023
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 14
Case :- CRIMINAL APPEAL No. - 1435 of 2021
Appellant :- Kaliya @ Sunil
Respondent :- State of U.P.
Counsel for Appellant :- Wasim Ahmad
Counsel for Respondent :- G.A.
Hon'ble Suresh Kumar Gupta,J.
(Order on Appeal )
Heard learned counsel for the appellant and learned A.G.A.
Perused the judgment.
List the appeal in due course for hearing.
(Order of Bail Application)
Heard learned counsel for the appellant/applicant, learned A.G.A for the State and perused the record.
Applicant/appellant- Kaliya @ Sunil has been convicted in Special S.T. No. 543 of 2013 arising out of Case Crime No. 65 of 2013, P.S.- Talgaon, District- Sitapur and has been sentenced for the offence under section 363 I.P.C. for 3 years imprisonment and fine of Rs.2000/-, for the offence under section 366 I.P.C. for 7 years imprisonment and fine of Rs.3000/-, for the offence under section 376 I.P.C. for 14 years imprisonment and fine of Rs.10,000/-.
Learned counsel for the appellant / applicant submits that the applicant-appellant is innocent and has falsely been implicated in the present case. He further submits that F.I.R. of the present case has been lodged by the mother of the victim after six days of the incident but there is no plausible explanation of such delay. He further submitted that the victim was recovered after three months of the incident. The victim voluntarily entered into relationship with the appellant and the victim is consenting party, thus no disclosed offence is made out against the appellant. Learned counsel for the appellant submitted that first informant-P.W.-1 stated that at time of incident the victim is aged about 17 years and it is also an admitted case that victim is married lady but only on the basis of documentary evidence, the trial court arrived at a conclusion that the victim is minor. He further submits that the learned trial court without appreciating the evidence on record has convicted the appellant. He further submits that the applicant-appellant was on bail during trial and has not misused the liberty of bail. He further submits that the applicant is in jail since 18.8.2021. He next submitted that due to huge pendency before this Court, there is no chance for expedite disposal of the appeal and applicant / appellant is ready to co-operate with the hearing of appeal for early disposal of this appeal.
Learned A.G.A for the State has vehemently opposed the prayer for bail and submitted that the victim is minor girl and therefore, consent of the minor girl for making physical relationship in the case of rape has no relevancy, thus, the applicant /appellant has rightly been convicted for the offence and there is sufficient evidence available on record against the applicant/appellant. Learned A.G.A has further submitted that there is no illegality in the impugned order and judgment, hence, the applicant/appellant is not entitled for bail.
After hearing the rival submissions of the parties and perusal of record and period of sentence, without expressing any opinion on merits, I find that it is a fit case for grant of bail to the appellant/applicant during the pendency of the appeal.
Let the appellant/applicant be released on bail on furnishing personal bond and two sureties in the like amount to the satisfaction of trial court concerned on the condition that the appellant/applicant will co-operate with the hearing of the appeal. However, it is made clear that the fine has not been stayed but fifteen days' time is given to the appellant for the payment of fine.
As soon as personal bonds and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
Order Date :- 21.2.2023
Anuj Singh
