Court No. - 71
Case :- CRIMINAL APPEAL No. - 263 of 2019 Appellant :- Indu Jain Respondent :- State Of U.P.
Counsel for Appellant :- Nanhe Lal Tripathi 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 Counter affidavit filed today is taken on record.
Heard learned counsel for the appellant and learned A.G.A. for the State.
The submission is that the appellant has been convicted and sentenced under Section 8 of POCSO Act for four years rigorous imprisonment and for 6 months rigorous imprisonment under Section 506(1) I.P.C. It has been submitted that the cause of implication of the appellant is that he married the mother of the victim without disclosing the correct fact that he is married and having wife and children. The mother of the victim has implicated him in this case after being annoyed by the conduct of the appellant of entering into marriage with her without disclosing the correct facts. The maximum punishment awarded to the appellant is 4 years and he is in jail since 15.12.2018. The counsel for the appellant submitted that he was in jail for about two years during the pendency of trial. This appeal is of the year 2019 and it is not likely to be decided in near future.
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, Indu Jain, convicted and sentenced in Special Sessions Trial No. 64 of 2014 (State of U.P. vs. Indu Jain) arising out of Case Crime No. 807 of 2014, under Sections-
294, 354D, 376/511, 506 I.P.C. and 8 POCSO Act, Police Station- Vrindawan, District- Mathura, 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 fine of Rs. 2,500/- shall be paid by the appellant. Keeping in view the fact that the victim was a minor so that the fine is not being stayed.
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 :- 25.2.2019 Rohit