Court No. - 52
Case :- CRIMINAL APPEAL No. - 7580 of 2018 Appellant :- Bhagwan Das Respondent :- State Of U.P.
Counsel for Appellant :- Devendra Kumar Tiwari 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 20.11.2018 passed by 1st Additional Session/Special Judge, in S.T. No. 09 of 2016 (State vs. Bhagwandas) arising out of Case Crime No. 95 of 2016, u/s 354Ka, 342 IPC and 8 POCSO Act, P.S. Narahat, District Lalitpur.
The submission of learned counsel for the applicant is that the impugned judgement and order passed by the trial court is wholly illegal and unjust; it is argued that the appellant has been falsely implicated in this case on account of enmity and money transaction between the parties; the appellant is immediate neighbour of the first informant, the manner in which the prosecution has setup the version of outraging modesty apparently seems to be improbable; the maximum sentence awarded by the trial court is four years u/s 354 IPC; the appellant was on bail during trial, he has no criminal history. 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 Bhagwan Das 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 corut shall be paid to the victim in accordance with law. List in due course for hearing.
Order Date :- 20.12.2018 Dhirendra/