Court No. - 52
Case :- CRIMINAL APPEAL No. - 7433 of 2018 Appellant :- Wahid Respondent :- State Of U.P.
Counsel for Appellant :- Ansar Ahmad Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
Admit. Summon the lower court's record.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 24.10.2018 passed by Additional District and Session Judge/FTC, court no. 2, Etawah in S.T. No. 318 of 2016 arising out of Case Crime No. 463 of 2016, u/s 366 IPC, P.S. Kotwali, District Etawah.
The submission of learned counsel for the applicant is that admittedly the victim is aged about 22 years; the prosecution could not prove that the appellant had abducted the victim and also could not prove the commission of offence u/s 366 IPC beyond the shadow of reasonable doubt; it is argued that defence has laid evidence and DW-1 Tavij has been examined who has stated that infact Nikah of the appellant was solemnized with the victim and later on for some extraneous reason the victim has falsely implicated the appellant; the maximum sentence awarded by the trial cour is five years; he further submitted that though the victim has stated that she was forcibly abducted by the appellant by use of force, however, she was not medically examined.
In the facts of the case, without expressing anything on the merit of the case I am satisfied that a case for grant of bail to the applicant is made out. The Bail Application is allowed.
Let the applicant-appellant Wahid convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail subject to his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant criminal appeal.
The fine awarded by the court below under the impugned judgement shall be deposited by the applicant-appellant before his release on bail. List in due course for hearing.
Order Date :- 19.12.2018 Dhirendra/