Allahabad High Court
Govind And Another vs State Of U.P. Thru. Prin. Secy. ... on 17 October, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:68182
Court No. - 21
Case :- CRIMINAL APPEAL No. - 2680 of 2023
Appellant :- Govind And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And 3 Others
Counsel for Appellant :- Dileep Kumar Tiwari,Md.Khurshed Ahmad
Counsel for Respondent :- G.A.
Hon'ble Neeraj Tiwari,J.
Order on Bail Application for bail
1. Objection filed on behalf of State is taken on record.
2. Heard learned counsel for the appellants and Ms. Ram Ji, learned A.G.A for the respondent State as well as perused the record.
3. Notice has been served upon the respondent no.2 on 9.10.2023, but no one has put in appearance on his behalf.
4. The present criminal appeal under Section 374 (2) Cr.P.C. has been filed by the appellant against the judgment and order dated 10.8.2023 passed by Addtional Special Judge/Additional Sessions Judge, POCSO Act, Court No.3, Amethi, in S.T. No. 385 of 2018 (State vs. Govind and others), arising out of Case Crime No. 144 of 2018, under Sections 147, 504, 506, 341, 354 IPC and Section 7/8 of POCSO Act, Police Station- Piperpur, District - Amethi.
5. Learned counsel for the appellants submit that appellants have been falsely implicated in the present case. He next submitted that due to civil dispute, complainant has lodged frivolous FIR against the appellants. There is no independent witness of the alleged incident. He next submitted that maximum punishment awarded to the appellants is of four years and they are in jail since 10.8.2023. He further submitted that during trial, appellants were on bail and has not misused the liberty of bail. He also submitted that the entire prosecution story is absolutely false and incorrect. The trial court has acted wrongly and illegally in convicting the accused-appellant and they have every hope of success in appeal. There is no likelihood of appeal to be heard in near future due to huge pendency of old appeals before the court and the appellants undertake that they will not misuse the liberty of bail and shall remain present before the Court as and when required and they will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing.
6. Learned A.G.A. has opposed the bail prayer of the appellant-accused and submitted that the appellants are not entitled to be enlarged on bail, but he has not disputed the aforesaid facts as submitted by learned counsel for the appellant-accused.
7. On due consideration to the period of incarceration of the appellants in jail; the appellants has no criminal history, and also there is no likelihood that the present appeal may be listed for hearing in the near future.
8. Considering the facts and circumstances of this case as well as arguments advanced by learned counsel for both the parties, without expressing any opinion on the merits of the case, it appears to be a fit case for bail.
9. Let the appellants-accused Govind and Ramesh convicted and sentenced in S.T. No. 385 of 2018 (State vs. Govind and others), arising out of Case Crime No. 144 of 2018, under Sections 147, 504, 506, 341, 354 IPC and Section 7/8 of POCSO Act, Police Station- Piperpur, District - Amethi be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
10. The appellants are directed to deposit half amount of fine imposed by the trial Court within one month from the date, they are released on bail, failing which coercive method shall be adopted by learned trial court for realization of fine. Rest amount of fine shall remain stayed during pendency of appeal.
11. 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.
12. Office is directed to summon the lower court record.
13. List this case for final hearing after obtaining the lower court record.
Order Date :- 17.10.2023
Junaid
