Court No. - 52
Case :- CRIMINAL APPEAL No. - 7436 of 2018 Appellant :- Kallu Respondent :- State Of U.P.
Counsel for Appellant :- Sanjive Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
The present appeal has been filed by Sri Sanjive Kumar Gupta, however, name of Sri Akhilanand Mishra has been shown in the cause list. Computer Centre is directed to make correct name of counsel for the appellant.
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 27.11.2018 passed by VIIIth Additional Session Judge/ Special Judge, POCSO court Budaun in SCC no. 60 of 2015 (Case Crime no. 142 of 2015) u/s 452, 354K, 504, 506 IPC and 7/8 (ka) POCSO Act and 3(1)XI SC/ST Act, P.S. Hajratpur, District Budaun.
The submission of learned counsel for the applicant is that the appellant has been falsely implicated in this case by the first informant who belongs to schedule caste for extraneous reason; the alleged incident of outraging modesty of informant's daughter is stated to have taken place on 20.4.2015 whereas an application was moved before S.S.P. for lodging F.I.R. on 12.5.2015, pursuant thereto F.I.R. was registered on 15.5.2015; there is no medical report of the victim that she was allegedly ravished by the appellant; the maximum sentence awarded by the trial court is three years; the appellant is on interim bail vide order dated 27.11.2018. 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 Kallu 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 half compensation as awarded by the trial court shall be paid to the victim. List in due course for hearing.
Order Date :- 19.12.2018 Dhirendra/