Court No. - 51
Case :- CRIMINAL APPEAL No. - 1702 of 2016
Appellant :- Chandu @ Chandrapal
Respondent :- State Of U.P.
Counsel for Appellant :- Surendra Kumar,Rajiv Lochan Shukla
Counsel for Respondent :- G.A.,V.S. Rajpoot
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
ORDER ON THE CRIMINAL MISC. BAIL APPLICATION Heard the learned counsel for the appellant and the learned AGA for the State on the first bail application in the instant criminal appeal moved on behalf of accused – appellant.
In the present case bail is being sought in appeal against the order of conviction.
We have perused the judgment and order dated 26.03.2016 passed by the trial court convicting the appellant in S.T. No. 401 of 2012 (State Vs. Bhupendra and others), arising out of Case Crime No. 26 of 2012, under Section 376(2)(G) of IPC and Section 4/6 of Indecent Representation of Women (Prohibition) Act, 1986, Police Station Chhatari, District Bulandshahar..
Learned counsel for the appellant contended that the appellant has been falsely implicated in the present case. He further contended that the FIR has been lodged with much delay.
Looking to the nature of injury and the manner in which crime has been committed and gravity of offence in a case like gang rape, no case for grant of indulgence is made out.
The bail application is rejected.
In view of the fact that the appellant is in jail since 21.02.2012, hearing of the appeal be expedited under Chapter-VIII Rule 33A of the Rules of Court.
Let the paper book be prepared within two months from today and thereafter appeal be listed for hearing before appropriate Bench.
Order Date :- 25.9.2018 Ram Chander