Court No. - 75
Case :- CRIMINAL APPEAL No. - 2962 of 2020 Appellant :- Sunil Kumar @ Sunil Respondent :- State of U.P.
Counsel for Appellant :- ,Dileep Singh Yadav Counsel for Respondent :- G.A.,Raj Narayan
Hon'ble Subhash Chandra Sharma,J.
Learned counsel for the appellant is permitted to correct the name of the appellant in the memo of the appeal during the course of the day.
The incharge computer section is directed to correct the title of the case.
Heard learned counsel for appellant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the appellant submits that in this case, appellant has been convicted and sentenced under Section 376 IPC for a period of 10 years rigorous imprisonment with fine of Rs. 10,000/-, under section 328 of IPC for a period of 7 years rigorous imprisonment with fine of Rs. 5000/-, under Section 120-B of IPC for a period of 7 years rigorous imprisonment with fine of Rs. 5000/- and under section 4 POCSO Act for a period of 10 years rigorous imprisonment with fine of Rs. 10,000/-.
It is further submitted that the appellant is innocent and has been falsely implicated in the present case. It is further submitted that the age of the victim has been found above 18 years in medical examination. It is further submitted that the allegation of rape has been levelled against the appellant but during medical examination, no any external or internal injury was found on the person of the victim. Nothing was found in pathology report to support the version of the victim. There is no cogent and convincing evidence on record even though learned trial court has convicted and sentenced the appellant only on the basis of conjectures and surmises. Appellant has been languishing in jail since 17.11.2017. There is no likelihood of hearing of appeal in near future but it will take some time for final disposal, therefore, the appellant is entitled for bail.
On the other hand, learned A.G.A. opposed the bail application and supported the trial court's judgement.
Considering the facts and circumstances of the case in particular the nature of evidence adduced by the parties; without further commenting on merit of the case, I am inclined to release the appellant on bail.
Let appellant Sunil Kumar @ Sunil convicted and sentenced in Special Session Trial No. 02 of 2016 (State Vs. Sunil Kumar) arising out of Case Crime No. 361 of 2015, under Section 376, 342, 328, 120-B IPC & Section 4 POCSO Act, P.S. Thathiya, District Kannauj be released on bail on furnishing a personal bond and 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 and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
The appellant would be entitled to get the benefit of this order only after depositing 50 % amount of fine.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by representative/counsel of the appellant (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
List the appeal in due course.
Order Date :- 17.9.2021 Nisha