Court No. - 71
Case :- CRIMINAL APPEAL No. - 472 of 2018 Appellant :- Darbari Respondent :- State Of U.P.
Counsel for Appellant :- Suneel Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
Order on the Criminal Appeal List this appeal for hearing in due course.
Order on the Criminal Misc. Bail Application Heard learned counsel for the appellant and learned A.G.A. for the State.
The submission is that the victim was the consenting party. She went to different places with the appellant without raising any alarm or making complaint at any place. The FIR is delayed by 15 days. The victim roamed with the appellant for about two months. The appellant is in jail since 02.11.2017. This appeal is of the year 2018 and it is not likely to be decided in near future.
The Apex Court in the case of Rajak Mohd. Vs. State of Himachal Pradesh in Criminal Appeal No.1395 of 2015 vide order dated 23.08.2018 has held that where the prosecutrix lived with the accused and freely moved around with the accused where she came across many people at different points of time but never complained of any criminal act, the conviction of the accused under Section 363, 366, 376 I.P.C was held to be unwarranted in law.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the appellant.
Considering the arguments advanced, facts and circumstances of the case as well as the sentence awarded to the appellant, this court is of the opinion that the appellant is entitled to be released on bail.
Let the appellant, Darbari, convicted and sentenced in Sessions Trial No. 107 of 2013 (State vs. Darbari) arising out of Case Crime No. 14 of 2013, under Sections- 366, 376 I.P.C., Police Station- Gopiganj, District- Bhadohi, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
The realization of half of the fine awarded to the appellant shall also remain stayed during the pendency of the appeal.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Order Date :- 27.2.2019 Rohit