CRLA/237/2021
2021 Latest Caselaw 3223 UK

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                                   CRLA No. 237 of 2021

                                   Hon'ble N.S. Dhanik, J.

Mr. Pranav Singh, learned counsel for the appellant Mr. Lalit Miglani, learned A.G.A. along with Mrs. Lata Negi, learned Brief Holder for the State.

Heard learned counsel for the parties on the bail application (IA No. 2/2021).

On 13.08.2021 time was granted to the State Counsel to file objection to the bail application but no objection has been filed as yet.

Learned counsel for the appellant submits that the trial court while passing the impugned judgment has not considered the statement of the appellant wherein he stated that he has falsely been implicated in the instant case for the reason that the father of the victims had to make payment of Rs. 1,80,000/- to the appellant and his family members, which he had taken as loan from them. He also submits that learned trial court failed to consider the statement of the mother of the victim, in which she has stated that, on the date of incident, she has no knowledge that her daughters had either gone to school or not. Furthermore, the trial court has not considered the fact that neither the investigation of the spot was done by the I.O. where the alleged incident had taken place nor any map was prepared by the I.O and nor any independent eyewitness from the spot or nearby area was produced by the prosecution. He also submits that the appellant has no criminal history; he was on bail during trial and he never misused the same.

Learned State Counsel opposed the bail application on the ground that there is specific allegation against the appellant and the victims are minor at the time of the alleged incident.

Considering the submission of learned counsel for the parties and upon going through the record, this Court is of the view that the appellant deserves bail. Let the appellant be released on bail on the same terms and conditions on which he was granted bail during trial, subject to deposit of fine as imposed by the trial Court.

Bail application stands disposed of.

(N.S. Dhanik, J.) 23.08.2021 AK