Court No. - 78
Case :- CRIMINAL APPEAL No. - 1979 of 2021 Appellant :- Suhel Respondent :- State of U.P.
Counsel for Appellant :- Pankaj Sharma,Prashant Sharma Counsel for Respondent :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
The present criminal appeal has been filed by the applicant, Suhel against the judgment and order dated 17.4.2021 passed by Additional District and Session Judge/ Special Judge, (POCSO ACT)-I, Hathras in S.S.T. No. 60/ 2017 (State Versus Suhel), being Case Crime No. 485/ 2017, convicting and sentencing to the appellant for 5 years R.I. and fine of Rs.5,000/- in Section 354 I.P.C. read with Section 7/8 POCSO Act and 3(2) (5)ka SC/ST Act, in default of payment of fine three months additional R.I., 3 years R.I. and fine of Rs.3,000/- in Section 354D I.P.C. read with Section 3(2) (5)Ka SC/ST Act, in default of payment of fine two months additional R.I., 2 years R.I. and fine of Rs. 2,000/- in Section 504 I.P.C. read with Section 3(2) (5)Ka SC/ST ACt, in R.I. and 2 years and fine of Rs. 2,000/- in Section 506 I.P.C. read with Section 3(2) (5)Ka SC/St Act, in default of payment of fine two months additional R.I., all the sentences shall run concurrently.
Heard learned counsel for the appellant and learned A.G.A and perused the record.
Admit.
Summon the lower court record.
Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. He submits that love and affairs of victim with one Sagar Puskar was running and on one day the appellant seen the same then due to saving herself the victim has falsely implicated the appellant in this case. He submits that both the parties are belonging to the same village and on the basis of village party bandi, the appellant has been falsely implicated in this case. Learned counsel for the appellant further submits that there is no eye- witness of the incident. He further submits that the appellant is in jail since 17.04.2021 and there is no likelihood of appeal being heard in near future.
The prayer for bail has been vehemently opposed by learned A.G.A.
After considering the submissions made by learned counsel for the appellant, this Court is of the opinion that appellant is entitled to be released on bail.
The appellant is enlarged on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in S.S.T. No. 60/ 2017 being Case Crime No. 485 of 2017, under Sections 354 I.P.C. & 7/8 POCSO Act & 3(2) (5) SC/ST Act, Police Station- Kotwali Hathras, District- Hathras subject to deposit of half of the amount imposed on him at the time of submission on the record of this appeal.
List this appeal for hearing in due course.
Order Date :- 19.5.2021 Aditya Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.05.19 16:35:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad