Court No. - 71
Case :- CRIMINAL APPEAL No. - 4142 of 2018 Appellant :- Shiv Singh Alias Leelu Respondent :- State Of U.P.
Counsel for Appellant :- Mahesh Chand,Dushyant Singh Counsel for Respondent :- G.A.,S. N. Pandey,Shravan Kumar Pandey,Shyam Narain Pandey
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 affidavit has been filed by learned A.G.A. is taken on record.
Heard Sri M.C. Singh learned counsel for the appellant and learned A.G.A. and Sri S. N. Pandey counsel for the informant and perused the record.
The submission is that the victim is aged about 70 years as per medical report. She has alleged the offence of rape against the appellant. The counsel for the appellant has submitted that the story that the victim was lifted on shoulder by the appellant in the month of december and taken to the field and raped is not credible. It is too cold in december and the prosecution story is not credible so far as it alleges that the victim was taken on shoulder and she never raised any alarm nor shouted for any help in the village. It has been submitted that there was enmity regarding the election of Pradhan in the village and on this ground the victim falsely implicated the prosecuterix who is a fairly aged woman and she has been set up only to implicate the applicant in this crime for ulterior motives. The appellant is in jail since 05.01.2016. The maximum punishment is 10 years. Doctor has opined that the injuries suffered by the victim can be self inflicted also. This appeal is of the year 2018 and it is not likely to be decided in near future.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the appellant.
Considering the arguments advanced, facts and circumstances of the case as well as the sentence awarded to the appellant, this court is of the opinion that the appellant is entitled to be released on bail.
Let the appellant, Shiv Singh Alias Leelu, convicted and sentenced in Sessions Trial No. 50 of 2016 (State vs. Shiv Singh alias Leelu) arising out of Case Crime No. 210 of 2015, under Sections 376 and 506 I.P.C., Police Station- Khanpur, District- Bulandshahr, 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 realization of half of the fine awarded to the appellant shall also remain stayed during the pendency of the appeal.
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