Allahabad High Court
Surendra Singh vs State Of U.P. Thru. Prin. Secy. ... on 27 July, 2023
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:49581
Court No. - 15
Case :- CRIMINAL APPEAL No. - 10 of 2023
Appellant :- Surendra Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
Counsel for Appellant :- Sudhakar Mishra
Counsel for Respondent :- G.A.
Hon'ble Shamim Ahmed,J.
(Order on Criminal Misc. Bail Application No. 1/2023)
Heard learned counsel for the appellant and learned A.G.A. for the State.
The appellant/applicant, Surendra Singh, seeks bail in this appeal, which has been preferred against the judgment and order dated 09.12.2022 passed by learned Additional Sessions Judge / Additional Special Judge, POCSO Act, Sultanpur in Sessions Trial No.139 of 2014, Case Crime No.249 of 2014, under Sections 363, 366 I.P.C., Police Station Baldirai, District Sultanpur whereby the appellant has been convicted and sentenced under Section 363 I.P.C. to undergo imprisonment for seven years alongwith fine of Rs.10,000/- and under Section 366 I.P.C. for seven years imprisonment alongwith fine of Rs.10,000/- with default stipulation.
The appeal was already admitted vide order dated 05.01.2023. Thereafter notice was directed to be issued vide order dated 04.04.2023 and vide office report dated 20.05.2023, notice has already been served upon opposite party no.2. On 03.07.2023, this Court has passed the following order:-
"1. Learned AGA has filed counter affidavit which is taken on record.
2. As per office report dated 20.05.2023, notice has already been served upon opposite party no.2 but till today no counter affidavit has been filed on his behalf.
3. Ten days and no more time is granted to the opposite party no.2 for filing counter affidavit. Two days thereafter is allowed to learned counsel for the appellant for filing rejoinder affidavit.
4. List this case on 18.07.2023 for consideration of the bail application."
Today when the case is taken up, learned counsel for the appellant has filed rejoinder affidavit in the Court in reply to the counter affidavit already filed by the State, the same is taken on record. However, no one appeared on behalf of the opposite party no.2 nor any counter affidavit is filed on her behalf. As such, it appears that opposite party no.2 is not interested to contest the case.
Since learned counsel for the appellant presses urgency in the matter, therefore, this Court has no option but to proceed further in the matter.
Learned counsel for the appellant submits that appellant was on bail during course of trial which was never misused by him, this averment also finds place in para 4 of the affidavit filed in support of the bail application. Learned counsel for the appellant further submits that the maximum sentence awarded to the appellant is only seven years. There is no likelihood of this appeal to be heard at an early date or in near future in the wake of heavy pendency of cases in the court.
Several other submissions in order to demonstrate the falsity of the allegations made against the appellant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the appellant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required.
Counsel has attempted to point out several other inherent infirmities in the evidence and also the elements of improbability contained therein and it has been argued that with such infirmities on record there is a reasonable prospect of this appeal being allowed after final hearing takes place.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early hearing and conclusion of appeal and considering the fact that the appellant was on bail during the trial which was never misused by him and also considering that the maximum sentence awarded to the appellant is of seven years imprisonment, this Court is of the view that the appellant may be enlarged on bail.
Let the appellant- Surendra Singh convicted and sentenced in Sessions Trial No.139 of 2014, Case Crime No.249 of 2014, under Sections 363, 366 I.P.C., Police Station Baldirai, District Sultanpur be released on bail on his executing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that fine is not stayed and the same be deposited by the appellant within two months after he is enlarged on bail.
On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order on Memo of Appeal
List this appeal in due course.
Order Date :- 27.7.2023
Saurabh
