Allahabad High Court
Vimlesh Alias Gunda vs State Of U.P. Thru. Prin. Secy. ... on 5 May, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- CRIMINAL APPEAL No. - 1787 of 2022
Appellant :- Vimlesh Alias Gunda
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And 3 Others
Counsel for Appellant :- Nishit Mishra,Smriti
Counsel for Respondent :- G.A.
Hon'ble Shree Prakash Singh,J.
Order on Appeal
Counter Affidavit filed on behalf of State is taken on record.
List/put this matter in the Second Week of July,2023 hearing.
Order on C.M.Application No. 01 of 2022.
Heard learned counsel for the applicant-appellant, Sri Kunwar Veer Bhanu Singh, learned A.G.A. for the State and perused the record.
Instant bail application has been filed on behalf of the applicant-appellant with a prayer to release the applicant-appellant on bail in Special Sessions Trial No. 9000157 of 2017; arising out of Crime No. 129 of 2017, under sections 354 & 354-B I.P.C. and Section 7/8 of the POCSO Act, Police Station-Beniganj, District-Hardoi during pendency of the appeal.
Learned counsel appearing for the appellant submits that the appellant is innocent and has falsely been implicated in the instant matter. She next added that there is no independent eye witness of the incident and the learned trial court did not consider the aforesaid fact. She further added that the prosecution has failed to prove it's case beyond reasonable doubt and the appellant was on bail during the trial and after the Judgment and order passed on 23-05-2022, he is in jail. She added that since last one year, the appellant is in jail. She further added that the appellant was on bail during the trial and he never misused the liberty of the same. She added that the appellant undertakes that he will not misuse the liberty of bail, if granted, and he is languishing in jail since 23-05-2022. She further submits that there is no possibility of hearing of this appeal in near future and thus, the present appellant/accused may be released on bail during the pendency of the present appeal.
On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that the prosecutrix is minor and her modesty has been outraged by the appellant and the trial court after considering the evidences and appreciating the statements of the witnesses, has found the allegations correct and thus, the present appellant is not entitled for any relief.
Considering the submissions of learned counsel for the parties and after perusal of the record, it reveals that the appellant was on bail during the trial and there is no pre and post trial criminal antecedent of the appellant. Further the trial court has failed to appreciate the material evidences and the statements of the prosecution witnesses in its right prospective and there seems to be no possibility of hearing of instant appeal in near future.
Considering the aforesaid facts and circumstances, the bail application of the appellant is allowed.
Let the applicant-appellant, Vimlesh alias Gunda, involved in the aforementioned case crime number be released on bail on his executing a 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 shall be deposited by the appellant within a period of one month from the date of his release from the jail.
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.
Order Date :- 5.5.2023
AKS
