Court No. - 51
Case :- CRIMINAL APPEAL No. - 2050 of 2017
Appellant :- Rohit
Respondent :- State Of U.P.
Counsel for Appellant :- Avneesh Tripathi,Ratnesh Kumar Shukla
Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Daya Shankar Tripathi,J.
Order on Criminal Misc. Bail Application This is a bail application moved on behalf of appellant Rohit in the instant criminal appeal.
Heard learned counsel for the parties and perused the record.
Contention of the learned counsel for the appellant is that the appellant has been falsely implicated in the present case due to ulterior motive and he has not committed any such crime as alleged and he is in jail since 19.11.2016; in the statement of the victim recorded under Section 164 Cr.P.C. specific role has been assigned to co-accused Akash and Vikky; the appellant was on bail during trial which liberty has never been misused or abused by him; there is no likelihood of the appeal being heard in near future and there is every likelihood of the appeal being allowed.
Learned A.G.A. has strongly opposed the prayer for bail.
Without expressing any opinion on the merits of the case, let the appellant- Rohit convicted and sentenced in S.T. No. 19/2015 arising out of case crime no. 39/2014, u/s 363, 366, 376(D), IPC, & 5(G)/6 of POCSO Act PS Simbhawali District Hapur 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.
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.
Rs. 5,000/- of the fine shall be deposited by the appellant within a period of one month from the date of his release and balance amount of fine shall remain stayed during the pendency of this appeal. In case of default in depositing Rs. 5,000/- of the fine within the aforesaid period, the same shall be recovered in accordance with law.
Order Date :- 27.2.2018 Anand