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Pokhpal vs State Of U.P. on 15 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL APPEAL No. – 6165 of 2019

Appellant :- Pokhpal

Respondent :- State Of U.P.

Counsel for Appellant :- Ajendra Kumar

Counsel for Respondent :- G.A.

Hon’ble Virendra Kumar Srivastava,J.

(Order on appeal)

Sri Vipin Kumar, Advocate, has filed his vakalatnama on behalf of informant/complainant, which is taken on record .

Heard learned counsel for the appellant, learned A.G.A for the State, learned counsel for complainant and perused the record.

As per office report, this appeal has been filed within time.

Admit.

Issue notice.

Summon the lower court record.

List for hearing in due course.

(Order on Bail Application No.1 of 2019.

Heard learned counsel for the appellant/ applicant, learned counsel for informant, learned A.G.A for the State and perused the record.

The applicant has been convicted and sentenced in S.T. no.395 of 2014 arising out of case crime No.13 of 2014, P.S Bagwala, District Etah for offence under Sectionsection 354 I.P.C for a period of five years rigorous imprisonment and Rs. 5000/- fine and under Sectionsection 506 I.P.C, three years rigorous imprisonment and Rs.3000/- fine.

Learned counsel for the applicant/appellant has submitted that the applicant/appellant has been falsely implicated and has been convicted without proper evaluation the material available on record. Learned counsel further submits that the applicant was also charged for the offence under Sectionsections 376 and Section511 I.P.C but has been acquitted by the trial court. The applicant/appellant was on bail during trial and has not misused the liberty of bail. The applicant is law abiding person and is languishing in jail since 19.9.2019. Learned counsel further submits that due to huge pendency before this Court, there is no chance for expedite disposal of the appeal and applicant/appellant is ready to co-operate with the hearing of appeal for early disposal of this appeal.

Learned A.G.A and learned counsel for informant opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant/appellant.

In view of the facts and circumstances of this case, as the appellant/applicant has been convicted for a sentence maximum of five years and was on bail during Trial, without expressing any opinion on merit, I find that it is a fit case for grant of bail of appellant/applicant during the pendency of the appeal.

Let the appellant/applicant- Pokhpalbe released on bail on his furnishing personal bond and two sureties each in the like amount to the satisfaction of Court below on the condition that the appellant/applicant will co-operate with the hearing of the appeal and also will not leave the country without permission of this Court. However, it is made clear that the fine has not be stayed.

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

Order Date :- 15.10.2019

G.S

 

 

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