HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 67
Case :- CRIMINAL APPEAL No. – 5871 of 2019
Appellant :- Pradeep
Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Anil Kumar
Counsel for Respondent :- G.A.,Shiv Mangal Pandey
Hon’ble Rahul Chaturvedi,J.
Counter affidavit filed on behalf of the State, is taken on record.
Heard learned counsel for the appellant, learned AGA and perused the record.
By means of the present appeal the appellant is assailing the validity and veracity of the judgment and order dated 27.08.2019 passed by Special Judge (SC/SectionST Act), Kasganj in Special Session Trial No. 565 of 2018 arising out of Case Crime No. 69 o f 2018, u/s 354 SectionIPC and section 3(2)Va SC/SectionST Act, P.S. Sunngarhi, District Kasganj convicting and sentencing the appellant u/s 354 SectionIPC and section 3(2)Va SC/SectionST Act for 3 and half years rigorous imprisonment along with the fine of Rs. 10,000/- and in default of fine 6 months additional simple imprisonment.
Submission made by the counsel for the appellant that the appellant is innocent. He has been falsely implicated in the present case. The total period of incarceration awarded to the appellant is three and half years along with the fine of Rs. 10,000/-. The appellant is languishing in jail since 27.08.2019.
Per contra learned AGA opposed the prayer for bail and submitted that there is sufficient evidence against the appellant so he should not be entitled to be enlarged on bail.
Keeping in view the trial period of incarceration awarded and pitted with ground reality that final disposal of this appeal is not possible in the near future. Moreover, the appellant was on bail during trial and never misuse the liberty of bail.
Let the the appellant Pradeep, be released on bail in S.S.T. No. 565 of 2018, Case Crime No. 69 of 2018, under Section 354 IPC and section 3(2)Va SC/SectionST Act, P.S. Sunngarhi, District Kasganj during the pendency of the appeal, on his each furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Subject to the appellant depositing 100% of the fine within a period of one month.
On acceptance of bail bonds, the lower court record shall transmit photostat copies thereof to this Court for being kept on record of this appeal.
List this matter in due course.
Order Date :- 2.1.2020/Nisha