SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Arvind vs State Of U.P. on 19 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 80

Case :- CRIMINAL APPEAL No. – 6552 of 2019

Appellant :- Arvind

Respondent :- State of U.P.

Counsel for Appellant :- Mohammad Zakir

Counsel for Respondent :- G.A.

Hon’ble Rajendra Kumar-IV,J.

In Ref: Criminal Misc. Bail Application No. 1 of 2019.

Counter affidavit filed by learned A.G.A. for State is taken on record.

Heard learned counsel for accused-appellant learned AGA for State and perused the material available on record.

Accused-appellant, convicted in Special Case No. 1845 of 2016, SectionState v. Arvind, (Crime No. 457 of 2016) under Sections 377 IPC, 4 POCSO Act and 506 SectionIPC, Police Station Khurja Nagar, District Bulandsahar, applied for bail pending appeal.

Learned counsel for the accused-appellant submits that accused-appellant has been convicted by Trial Court without proper appreciation of evidence. He is innocent; there is no sufficient evidence to convict him. Maximum punishment awarded to accused-appellant by Trial Court is 7 years. There is neither criminal history nor has been previously convicted in any other case. Accused-appellant is in Jail since 20.06.2016. If accused-appellant is enlarged on bail during appeal, he shall not misuse it liberty. Due to huge pendency of appeals in the Hon’ble Court, there is no possibility of early disposal of appeal.

Learned A.G.A. opposed the prayer of bail supporting the order of conviction and further submitted that Trial Court appreciated entire evidence on record in right perspective. There is sufficient evidence on record to convict the accused-appellant in aforesaid Sections. In case, he is released on bail during appeal, he shall not turn up to get this appeal decided; and there is grave possibility of his fleeing away from judicial process.

Considering the facts and circumstances of the case, material placed before me, rival contentions of learned counsel for the parties, detention of accused-appellant in Jail, severity of punishment in case of rejection of appeal, sentenced awarded by Trial Court and without commenting upon merit of case, accused-appellant deserves bail.

Accordingly, bail application is allowed.

Let accused-appellant-Arvind be released on bail in the aforesaid matter, during the pendency of appeal, on his furnishing a personal bond and two sureties in the like amount before trial Court concerned to its satisfaction.

As soon as personal bonds and surety bonds are furnished, after keeping photocopies of the same, original copies are directed to be transmitted to this Court forthwith by trial Court concerned to be kept on the record of this appeal.

Order Date :- 19.11.2019

Akram

Court No. – 80

Case :- CRIMINAL APPEAL No. – 6552 of 2019

Appellant :- Arvind

Respondent :- State of U.P.

Counsel for Appellant :- Mohammad Zakir

Counsel for Respondent :- G.A.

Hon’ble Rajendra Kumar-IV,J.

List this appeal in March, 2020.

Order Date :- 19.11.2019

Akram

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation