CRLA/338/2018
2023 Latest Caselaw 2290 UK

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                                  IA No. 13526 of 2022
                                  In
                                  CRLA No. 338 of 2018
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. M.K. Ray, Advocate, for the appellant. Mr. V.K. Gemini, Deputy A.G., for the State of Uttarakhand.

This is the 3rdBail Application. The earlier two Bail Applications stood rejected on 13th March, 2019 and 20th April, 2022.

The 3rd Bail Application has been preferred on the ground, that after the registration of the FIR, the applicant was taken into custody on 23rd August, 2017, and he remained so during the pendency of the trial, and was never released on bail till rendering of the judgment of conviction dated 13th September, 2018.

As a consequence of the judgment of conviction, he has been directed to serve ten years of rigorous imprisonment for the offence under Section 376 (2) of the IPC, three years of sentence for the offence under Section 452 of the IPC, and one year of sentence for the offence under Section 506 of the IPC.

It has been argued by the learned counsel for the appellant, that the entire incident of 28th August, 2017, is nothing but as a consequence of a cordial intimate relationship, which the appellant is said to have had with the victim, who at the relevant point of time was of 17 years of age. He further submits that the appellant would be entitled to be considered for release on bail on the ground, that as a consequence of the initiation of the criminal proceedings, he was taken in custody on 23rd August, 2017, and ever since then till date, he is languishing in jail, and as of now, he has almost served more than six years of sentence. Thus, he would be entitled to get the benefit of Section 436 (A) of the Cr.P.C.

Exclusively, on that ground, the appellant/Iqbal, is directed to be released on bail subject to furnishing of his personal bond and two sureties of the like amount to the satisfaction of the Magistrate concerned. However, the release of the appellant would be subject to the condition of depositing of 50% of the penalty amount, as it has been imposed by the impugned judgment of conviction.

The 3rd Bail Application stands disposed of accordingly.

(Sharad Kumar Sharma, J.) Dated 17.08.2023 Shiv