Court No. - 71
Case :- CRIMINAL APPEAL No. - 3393 of 2017 Appellant :- Mahendra Rajpoot Respondent :- State Of U.P.
Counsel for Appellant :- Ashok Kumar Mishra,Pawan Singh Pundir,Yatish Kumar Dwivedi Counsel for Respondent :- G.A.,S.P.Chaturvedi
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 affidavits have been filed by learned A.G.A. and also by counsel for the informant which have been perused and are on record.
Heard learned counsel for the appellant and learned A.G.A. for the State.
The submission is that the FIR is delayed by about two months. The cause of delay has been stated as family members not agreeing to the FIR initially on the ground that it will lead to infamy in the village. But later the accused started blackmailing the victim on the basis of the photographs which he had captured at the time of the alleged offence and therefore the first information report was lodged. The counsel for the appellant has submitted that during the trial the prosecution did not produced the photograph which was taken by the accused- appellant nor the details of the threat given on the mobile for the purpose of demanding money for disclosing the photographs was brought on record by prosecution. The appellant is in jail for about last four years. This appeal is of the year 2017 and it is not likely to be decided in near future.
Learned A.G.A. and learned counsel for the informant Sri Satya Prakash Chaturvedi have pointed out that there is criminal history of 9 cases against the appellant. He is also involved in one case under Section 302 I.P.C. and in case he is enlarged on bail. He will further threaten or cause harm to the victim and her family members.
The counsel for the appellant has brought on record the document to prove that final report has been submitted in favour of the appellant in the case under Section 302 I.P.C. and there is no evidence that any protest petition has been filed against the same.
Keeping in view the fact that the appellant is in jail for last about four years and also the fact that the prosecution has not been able to prove the entire allegation against him and there is delay of two months in lodging the FIR, the appellant is directed to released on bail. However in case the appellant misuses the liberty of bail during the pendency of this appeal it will be open for the informant to apply for cancellation of bail granted to him.
Let the appellant, Mahendra Rajpoot, convicted and sentenced in Sessions Trial No. 27 of 2015 (State vs. Mahendra Rajpoot) arising out of Case Crime No. 93 of 2015, under Sections- 376, 452, 506 I.P.C., Police Station- Dakor, District- Jalaun, 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 appellant shall deposit fine of Rs. 25,000/- towards the compensation which has be paid to the victim and the remaining amount compensation and fine shall remain 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