Court No. - 45
Case :- CRIMINAL APPEAL No. - 4311 of 2019 Appellant :- Raunak Lamba Respondent :- State Of U.P.
Counsel for Appellant :- Amit Daga,Sandeep Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Singh,J.
Ref:- Criminal Misc. Bail Application No. 01 of 2019 Herad Sri Amit Daga, learned counsel for the appellant and Sri Sanjay Singh. learned A.G.A-! for the State and perused the record.
This criminal appeal has been filed against the judgment and order dated 14.6.2019 passed by Additional Session Judge Court/Fast Track Court No. 1, J.P.Nagar, Amroha, in S.T. No. 239 of 2015, arising out of Case Crime No. 33 of 2015, under Section 376 IPC , Police Station- Rajjabpur, District J.P.Nagar, Amroha.
Admit.
Summon the lower court record within six weeks.
It has been contended by the learned counsel for the appellants that the sentence awarded to the appellant is seven years R.I. for offence under Sections 376 IPC with a fine of Rs.20,000/-. He further submits that the appellant was on bail during the trial and he did not misused the liberty of bail.The trial court has misread the evidence on record and convicted the appellant. The appeal is not likely to be heard in near future, hence unless the bail is granted, the appeal is likely to become infructuous.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to him, I am of the opinion that he is entitled to be released on bail.
Let the appellant, namely, Raunak Lamba, convicted and sentenced in the aforesaid case be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bonds and personal bonds, the lower court shall transmit Photostat copies thereof to this Court for being kept on the record.
Order Date :- 20.6.2019 IA