Court No. - 52
Case :- CRIMINAL APPEAL No. - 7439 of 2018 Appellant :- Avnish Udainiya Respondent :- State Of U.P.
Counsel for Appellant :- Vijay Singh Sengar Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
Admit. Summon the lower court's record.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 27.11.2018 passed by Additional Session Judge-I, Jalaun at Orai in Criminal Case no. 86/2016 (State vs. Rahu) being Case Crime no. 291/2016, u/s 452 IPC and 7/8 POCSO Act, P.S. Jalaun, District Jalaun.
The submission of learned counsel for the applicant is that he has been falsely implicated in this case on account of village party faction in which the allegation against him that he entered the house of the prosecutrix and pulled her hands; it is stated that the appellant and the victim belongs to same village and the prosecution has suppressed truth fact; there is no injury report; the victim is aged about 16 years; the appellant is on interim bail. There is no possibility of early disposal of the appeal due to heavy dockets.
In the facts of the case, without expressing anything on the merit of the case I am satisfied that a case for grant of bail to the applicant is made out. The Bail Application is allowed.
Let the applicant-appellant Avnish Udainiya convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail subject to his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant criminal appeal.
The fine awarded by the court below under the impugned judgement shall be deposited by the applicant-appellant before his release on bail, the compensation as awarded by the trial court shall be paid to the victim in accordance with law. List in due course for hearing.
Order Date :- 19.12.2018 Dhirendra/