Court No. - 60
Case :- CRIMINAL APPEAL No. - 497 of 2018 Appellant :- Komal Singh Respondent :- State Of U.P.
Counsel for Appellant :- Rakesh Tripathi Counsel for Respondent :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
(Crl. Misc. Bail Application No of 2018) Counter affidavit has been filed by State today, taken on record.
Heard learned counsel for the appellant and learned A.G.A.
The present bail application has been preferred against the judgment and order dated 16.12.2017 passed by Additional Sessions Judge/ FTC-1, Hathras in Sessions Trial No. 163 of 2016 (State of U.P. Vs. Komal Singh and another) arising out of case crime no. 176 of 2015 under Sections 354-B, 376, 452, 504, 506 IPC, Police Station- Mursan, District- Hathras wherein the accused appellant has been convicted under section 452 IPC for four years RI with a fine of Rs. 1,000/-, under section 354-B IPC for three years RI with a fine of Rs. 1,000/-, under section 376 IPC 8 years RI with a fine of Rs. 10,000/-, under section 504 IPC for one year RI and further convicting under section 506 IPC for two years RI. All the sentences shall run concurrently.
It is submitted by learned counsel for the applicant that applicant has been falsely implicated in the present case due to enmity between the parties. Next argued that there are many contradictions in the statement of the prosecutrix recorded under sections 161 and 164 Cr.P.C. respectively. Lastly contended that applicant is having no criminal history and he is in jail since 24.03.2015. It is next contended that there is no likelihood of this appeal being decided in near future.
Learned A.G.A. has opposed the bail prayer of the applicant-appellant and submitted that accused-applicant was arrested on the spot and in her statement recorded under section 164 Cr.P.C. before the trial court, the prosecutrix herself assigned the specific role and complicity of accused-applicant in commission of alleged offence of rape.
Considering the facts and circumstances of the case, the arguments advanced on behalf of the both the sides and keeping in mind the fact that the applicant-appellant was not on bail during trial, the prayer for bail is refused.
Accordingly, this application is rejected. List this appeal for hearing in due course.
Order Date :- 30.5.2018 RPD