Allahabad High Court
Vimal Kumar vs State Of U.P. And Anr. on 5 January, 2023
Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL APPEAL No. - 1375 of 2019
Appellant :- Vimal Kumar
Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Bhuvnesh Kumar Singh,Noor Mohammad,Saurabh Tripathi,Shantanu Srivastava
Counsel for Respondent :- G.A.,Km. Surabhi,Sudeep Kumar
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Shiv Shanker Prasad,J.
In Re.:-Crl. Misc. Bail Application No.1 of 2019
1. We have heard Mr. Noor Mohammad and Mr. Bhuvnesh Kumar Singh, the learned counsel appearing for the accused-appellant Vimal Kumar and the learned A.G.A. for the State.
2. This bail application has been preferred with the prayer to suspend the sentence of conviction and to release the applicant/appellant Vimal Kumar on bail in Session Trial No. 391 of 2016 (State Vs. Vimal Kumar) arising out of Case Crime No. 518 of 2015, under Sections 376, 323, 452, 506 I.P.C., as also under Sections 3 (ii) (v) S.C./S.T. Act, Police Station-Dhampur, District-Bijnor, during the pendency of the appeal.
3. The learned counsel for the accused-appellant submits that the incident is of 16th December, 2015, whereas the first information report has been lodged on 20th December, 2015 without any explanation for such delay. It is also urged that in the medical examination report, the age of the victim has been found to be 19 years. The allegation of the victim with regard to rape is not corroborated with the medico legal report. It is also urged that the accused-appellant has undergone more than five years of incarceration, the accused-appellant has no previous criminal history and the appeal may take some more time for hearing as the paper books have not been prepared so far, as such the accused-appellant is entitled to be released on bail, pending disposal of the appeal.
4. Learned AGA has opposed the prayer for bail but could not dispute that the submissions made by the learned counsel for the accused-appellant.
5. In view of the above and considering the argument that the delay in lodging the first information report has not been explained and the medical examination report of the victim has not supported the prosecution case as also seeing the total period of incarceration, we are of the view that accused-appellant is entitled to be released on bail during pendency of this appeal.
6. In view of the above, let the accused appellant-Ravi convicted and sentenced by the judgment dated 31st January, 2019 passed by the 2nd Additional Sessions Judge/Special Judge (S.C./S.T. Act) Bijnor Court No.-10, Bijnor in Session Trial No. 391 of 2016 (State Vs. Vimal Kumar) arising out of Case Crime No. 518 of 2015, under Sections 376, 323, 452, 506 I.P.C., as also under Sections 3 (ii) (v) S.C./S.T. Act, Police Station-Dhampur, District-Bijnor be released on bail in the above case on furnishing personal bond and two sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, Bijnor subject to furnishing undertaking that he will co-operate in the hearing of the appeal.
7. On acceptance of his bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
8. It is also provided that 50% of the total amount of fine imposed under the impugned judgment of conviction shall be suspended till final disposal of the instant criminal appeal and the amount of remaining 50% of total fine shall be deposited by the accused-appellant within two months from the date of his release on bail.
9. Office is directed to prepare the paper books within four weeks.
10. Let this appeal be listed for 'final hearing' in April, 2023.
(Shiv Shanker Prasad, J.) (Ashwani Kumar Mishra, J.)
Order Date :- 5.1.2023
Sushil/-
