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Shivkumar vs State Of U.P. on 31 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL APPEAL No. – 5617 of 2019

Appellant :- Shivkumar

Respondent :- State of U.P.

Counsel for Appellant :- B.N.Singh,Santosh Kumar Singh

Counsel for Respondent :- G.A.

Hon’ble Virendra Kumar Srivastava,J.

Counter affidavit filed by learned A.G.A, which is taken on record.

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

As per office report, record is still awaited.

Summon the lower court record.

List after four weeks for hearing.

(Order on Bail Application.

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

Applicant/appellant-Shivkumar has been convicted in Crl. Case No.73 of 2016 (State Vs. Shivkumar) arising out of Case Crime No.101 of 2016, P.S Kotra, District Jalaun and has been sentenced for the offence under Sectionsection 452 I.P.C for five years imprisonment and fine of Rs.5000/-, under Sectionsection 354 I.P.C, for four years imprisonment and fine of Rs. 4000/- and under section 8 POCSO Act for four years imprisonment and fine of Rs.4000/-.

Learned counsel for the appellant/applicant submits that the applicant/appellant is innocent and has been falsely implicated. Learned counsel further submits that the applicant/appellant was on bail during trial and has not misused the liberty of bail. Learned counsel further submits that the applicant/appellant is in jail since 12.7.2019. Learned counsel further submits that P.W-2, victim, has not supported the prosecution case and in cross examination she has specifically admitted that she had stated before the police on the instigation of one Har Narayan, Chaukidar. 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 for the State has vehemently opposed the prayer for bail and submitted that the applicant/appellant has rightly been convicted for the offence and there is sufficient evidence available on record against the applicant/appellant. Learned A.G.A has further submitted that there is no illegality in the impugned order and judgement, hence, the applicant/appellant is not entitled for bail.

In view of fact and circumstance of the case, the period of sentence awarded by the appellate court as well as applicant/appellant 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- Shivkumar be 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. 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 :- 31.10.2019

G.S

 

 

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