Allowed

Ram Pratap v. State of Up and 3 Others

Allahabad HC25 Jul 2024CRLA/1830/2024

Case brief

AI extract

What is this about?

In Criminal Appeal No. 1830 of 2024, the Allahabad High Court, while adjudicating a bail application under Section 389(1) Cr.P.C., granted bail to the appellant Ram Pratap pending the disposal of his appeal, directing him to furnish a personal bond and two sureties. The court rejected merit-based analysis of the likelihood of conviction.

What did the court decide?

Enlargement of the appellant on bail on furnishing personal bond and two sureties each of same amount.

Ram Pratap vs State of Up and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 1830 of 2024

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Appellant :- Ram Pratap Respondent :- State Of Up And 3 Others Counsel for Appellant :- Agnivesh,Jadu Nandan Yadav Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Order on Application u/s 389(1) Cr.P.C

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Heard learned counsel for the parties.

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As per office report, notice has already been served upon opposite party no. 4 (informant) personally.

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It has been submitted by learned counsel for the appellant/applicant that the appellant is innocent and has been falsely implicated. It has been further submitted that the conviction and sentence imposed by the learned trial Judge is against the weight of evidence on record. The trial court has misread the evidence on record and convicted the appellant. The prosecution has not been able to prove its case beyond reasonable doubt. No injury was found on the person of victim which falsifies the prosecution case. Appellant is languishing in jail since 30.01.2024. Appellant/applicant has no criminal history to his credit. There is no case of misuse of bail extended during trial. Applicant undertakes not to misuse the liberty of bail, if granted by this Court since prospect of the appeal being heard in the near future, is extremely remote, hence the applicant/appellant is entitled to be released on bail during pendency of appeal.

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Per contra, learned AGA vehemently opposed the prayer as made in the application but could not dispute the aforesaid facts.

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Rest of the other grounds taken up while preferring the instant appeal shall be subject to final outcome of the instant appeal but at this juncture, keeping in view the aforesaid facts and circumstances of the case such as period of incarceration and no misuse of bail extended during trial and considering the unlikelihood of early hearing of appeal due to heavy pendency, without interfering into the merits of the case, I am of the opinion that applicant/appellant is entitled to be enlarged on bail during pendency of appeal.

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Let the applicant/appellant - Ram Pratap be enlarged on bail in Special Session Triable Case No. 77 of 2017 (State of Uttar Pradesh Vs. Ram Pratap) arising out of Case Crime no. 525 of 2015, under Sections 8 of POCSO Act, Police Station- Tirwa, District- Kannauj on his furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

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

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Order on Appeal

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List in due course.

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Order Date :- 25.7.2024 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Ram Pratap v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Pratap v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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