Criminal Appeal against conviction where appellant convicted under IPC sections 496, 376, 120B, 506 and Dowry Prohibition Act sought bail. Bench allowed bail pending appeal noting appellant was on bail during trial and unlikely to be misused.
Released on bail during pendency of appeal on execution of personal bond with two reliable sureties.
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Court No. - 77
Case :- CRIMINAL APPEAL No. - 1159 of 2021
Appellant :- Mahesh Singh Bhadauriya @ Deenu Respondent :- State of U.P. Counsel for Appellant :- Padmaker Pandey,Sunil Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Pankaj Bhatia,J.
Order on Criminal Misc. Bail Application
The present criminal appeal has been filed against the judgement and order dated 11.2.2021 passed by Additional Session Judge/FTC 41 (crime against women) Kanpur Nagar in S.T. No. 619 of 2015 whereby the appellant has been found guilty under various sections of Indian Penal Code and sentenced to suffer various terms of imprisonment. Fine has also been imposed.
Heard learned counsel for the appellant and Sri Manoj Kumar Dwivedi, learned AGA for the State.
The present appeal was admitted vide order dated 16.3.2021 and on the bail application notices were issued which was accepted by learned AGA. Today the matter is listed for consideration of the bail application.
The counsel for the appellant argues that even as per the FIR version, the appellant and the victim were having physical relations although it has been alleged that the same were made on account of false pretext of marriage. The finding recorded by the trial court for convicting the appellant is wholly illegal, arbitrary and not sustainable in the
eye of law. It was also argued that the order passed by the court below is against the weight of evidence available on record. It was lastly submitted that the appellant is in jail since 11.2.2021.
Per contra, learned AGA has opposed the prayer for bail.
Considering the fact that the appellant is in custody since 11.2.2021 and there is no likelihood of the appeal being heard in the near future coupled with the fact that the appellant was on bail during the pendency of the trial and has not misused the liberty of bail, the appellant is entitled to be enlarged on bail.
Let the appellant-Mahesh Singh Bhadauriya alias Deenu, convicted and sentenced in S.T. No. 619 of 2015, arising out of Case Crime No. 882 of 2014 under sections 496, 376, 120B, 506 iPC and section 4 of Dowry Prohibition Act, Police Station Naubasta, District Kanpur Nagar be released on bail during the pendency of appeal on executing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bonds and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on record of this appeal.
The bail application is disposed off.
Order Date :- 9.6.2021 Puspendra
1 issue framed by the court
Whether the appellant, convicted and already in custody, is entitled to bail while the criminal appeal is pending?
Mahesh Singh Bhadauriya @ Deenu
State of U.P.
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
