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Ghanshyam Shukla vs State Of U.P. on 11 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 49

Case :- CRIMINAL APPEAL No. – 6933 of 2019

Appellant :- Ghanshyam Shukla

Respondent :- State of U.P.

Counsel for Appellant :- Ashutosh Pandey

Counsel for Respondent :- G.A.

Hon’ble J.J. Munir,J.

Order on Memo of Appeal

Admit

Issue notice.

Summon lower court record at once.

Order on Civil Misc. Bail Application No. 1 of 2019

Heard Sri Ashutosh Pandey, learned counsel for the appellant and Sri Indrajeet Singh, learned A.G.A. on behalf of the State and Sri Ajay Kumar Upadhyay, learned counsel for the complainant.

This is an application for bail made on behalf of the sole appellant.

Learned counsel for the appellant has argued that the appellant has been convicted on slender evidence. It is, further, argued by learned counsel for the appellant that the prosecution have not been able to prove their case beyond reasonable doubt and there is contradiction between the evidence of P.W. 1, P.W. 2 and P.W. 4, all of whom are witnesses of fact.

It is urged that the appellant has been falsely implicated as the appellant’s wife on information received from him communicated facts to the prosecutrix’s family about the prosecutrix talking to some boy at a lonely spot which was taken unkindly by her family members. It is argued that the appellant has been sentenced to a term of three years R.I. under Section 8 POCSO Act and to a term of two years R.I. under Section 354 I.P.C. besides fine on each count carrying a default sentence indicated in the order. It is emphasized that the maximum term does not exceed three years and that the appellant has been on bail pending trial that he has not misused. It is also pointed out that the appellant has been admitted to in interim bail by the Trial Court pending excercise of his right to seek bail pending appeal before this Court, vide order dated 16.10.2019 made under Section 389 Cr.P.C.

Learned A.G.A. has opposed the prayer for bail.

Considering the overall facts and circumstances of the case, gravity of the offence, severity of punishment, in particular, the fact the applicant has not misused bail pending trial, the fact that the maximum sentence imposed is three years, the fact that the appeal is not likely to come up for hearing within the period of three years, this Court finds it to be a fit case for bail.

The bail application is allowed.

Let the applicant Ghanshyam Shukla convicted in Special Sessions Trial No. 12 of 2015 (State Ghanshyam Shukla) passed by Fifth Additional Sessions Judge, Fast Track Court, Basti, arising out of Case Crime No. 139 of 2015, under Section 354 I.P.C. and 7/8 POCSO Act, P.S. Walterganj, District Basti be enlarged on bail upon each of them furnishing a personal bond and two sureties in the like amount to the satisfaction of C.J.M., Basti.

Realization of 50% of fine will remain suspended on condition that the balance will be deposited within one month from the date of release on bail. In the event, fine as above directed is not deposited, the same shall be realized in accordance with law.

Order Date :- 11.11.2019

AS Rathor

 

 

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