Allahabad High Court
Amarnath vs State Of U.P. Thru. Secy. Home, ... on 17 October, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:68133
Court No. - 21
Case :- CRIMINAL APPEAL No. - 218 of 2023
Appellant :- Amarnath
Respondent :- State Of U.P. Thru. Secy. Home, Lucknow And 3 Others
Counsel for Appellant :- Mirza Humayun Qadar,Lokendra Kumar Gupta
Counsel for Respondent :- G.A.
Hon'ble Neeraj Tiwari,J.
Order on Bail Application for bail
1. Heard learned counsel for the appellant and Ms. Nikita Mishra, learned A.G.A for the respondent State as well as perused the record.
2. The present criminal appeal under Section 374 (2) Cr.P.C. has been filed by the appellant against the judgment and order dated 16.12.2022 passed by Special Session Judge POCSO Act/Additional Sessions Judge, Court No.14, Sitapur, State vs. Amarnath and others in S.T. No. 553 of 2014 arising out of Case Crime No. 67 of 2013, under Section 363, 366, 376 (N) IPC and Section 5/6 of POCSO Act, Police Station Sadarpur, District - Sitapur.
3. Learned counsel for the appellant submits that appellant has been falsely implicated in the present case due to enmity. He next submitted that co-accused Raju Raidas and Ramkishun @ Sultan having an identical role have been enlarged on bail by this Court vide orders dated 9.8.2023 & 17.10.2023 in Criminal Appeal Nos. 95 of 2023 & 217 of 2023. The case of appellant stands on similar footing, hence the appellant is also entitled for bail on the ground of parity. The appellant is languishing in jail since 16.12.2022 and he has no criminal history except the present case to his credit. He lastly submitted that there is no likelihood that the appellant after release on bail may flee from the process of law or will misuse the liberty of bail, so granted by this Court.
4. Learned A.G.A. has opposed the bail prayer of the appellant-accused and submitted that the appellant is not entitled to be enlarged on bail, but he has not disputed the aforesaid facts as submitted by learned counsel for the appellant-accused.
5. On due consideration to the period of incarceration of the appellant in jail; the applicant/appellant has no criminal history, and also there is no likelihood that the present appeal may be listed for hearing in the near future.
6. 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.
7. Let the appellant-accused Amarnath convicted and sentenced in S.T. No. 553 of 2014 arising out of Case Crime No. 67 of 2013, under Section 363, 366, 376 (N) IPC and Section 5/6 of POCSO Act, Police Station Sadarpur, District - Sitapur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
8. The appellant is directed to deposit half amount of fine imposed by the trial Court within one month from the date, he is 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.
9. 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.
10. List this case after four weeks for final hearing.
Order Date :- 17.10.2023
Junaid
