Court No. - 75
Case :- CRIMINAL APPEAL No. - 6988 of 2019 Appellant :- Dharmendra Respondent :- State of U.P.
Counsel for Appellant :- Santosh Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Ref : Criminal Misc. Bail Application No. 1 of 2019.
Heard learned Counsel for appellant, learned AGA for State and perused the material available on record.
Accused-appellant convicted in Sessions Trail No. 38 of 2018, arising out of Case Crime No. 1461 of 2017, under Sections 376, 328, 384, 506 I.P.C., Police Station Kavi Nagar, District Ghaziabad, applied for bail pending appeal.
Learned counsel for the accused-appellant submits that appellant is innocent and has been falsely implicated in the present case. The trial court did not appreciate the evidence in right perspective and convicted the accused-appellant on the basis of surmises. He further submits that from the evidence, victim appears to be a consenting party. She was major at the time of incident. It was admitted by learned counsel for the appellant that the appellant and victim were live in relation from before and no case under Section 376 I.P.C. is made out. He further argued that the victim got married to another person and appellant has been in reputed job. The victim was exploiting the present appellant, having been good job. The accused-appellant is in jail since 25.09.2017 having no criminal history. Due to heavy pendency of appeals, this appeal is not likely to be heard in near future. In case the appellant is enlarged on bail, he shall not misuse the liberty of bail.
Per contra, learned AGA has opposed the prayer for bail and submitted that the accused-appellant committed rape upon the victim without her consent, thus he committed offence and trial court has rightly convicted him. If the appellant released on bail, he will not get the appeal decided soon.
Lower Court Record has been received and appeal is ready to be heard and decided.
When learned counsel for the appellant was asked to make a final argument in appeal but he is not ready. He does not want to get it decided, he only wants bail whereas the Court is ready and eager to decide the appeal finally.
Having regard to the submissions made by learned counsel for the parties, facts and circumstances of the case, specific allegation of rape against the appellant, statement of victim / prosecutrix and manner in which the incident took place, reluctance of learned counsel for appellant to argue the appeal on merit and without expressing any opinion on merit, I do not see any good ground to release the appellant on bail.
Accordingly, bail application is hereby rejected.
The appeal is directed to be listed in the month of January, 2022 for final hearing before appropriate Bench.
Order Date :- 27.7.2021 Manoj