Amar Bahadur vs State of U.P. Thru. Prin. Secy. Home Lko.

The captioned criminal appeal has been filed challenging therein, the judgment and order dated 04.06.2024 passed by the learned Special Judge, P.O.C.S.O. Act / Additional Sessions Judge, Lucknow in Sessions Trial No. 247 of 2014, State Vs. Amar Bahadur; arising out of Case Crime No. 09 of 2014 registered under Sections 376 & 506 I.P.C. and 3/4 P.O.C.S.O. Act, 2012 in Police Station - Nigoha, District - Lucknow whereby, the appellant had been convicted for the offence punishable under Section 376 I.P.C. and had been sentenced for rigorous imprisonment of seven years along with fine.

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It has been contended on behalf of the appellant that that case set out by the victim in the testimony recorded before the trial court is quite improbable as she had stated that the appellant came to her house and from there, he by using force took her to a nearby pond and had committed rape on her and when the victim shouted then certain villagers came near to the place of occurrence and the appellant left the victim. It has further been contended that the stand taken by the victim, on its face, is absolutely false, as she was found to be carrying pregnancy of eight weeks whereas, as per the prosecution story appellant had committed rape on the victim on 21.01.2014 and the F.I.R. had been lodged in the matter

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CRLA No. 2337 of 2024

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on the very next day.

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Learned counsel appearing for the appellant has argued that since the entire story, on its face, is quite improbable, therefore the conviction order passed by the learned trial court is unsustainable. It has been further argued that during trial, appellant was on bail and has not misused the liberty of bail and since final disposal of this criminal appeal is likely to take sometime therefore, it is in the interest of justice that the appellant may be enlarged on bail during pendency of this criminal appeal.

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Learned Additional Government Advocate appearing for the State has opposed prayer of the appellant for grant of bail.

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I have considered the arguments advanced by the learned counsels appearing for the parties and I find that the description of the incident narrated by the victim in her testimony recorded before the trial court is quite improbable, as there is hardly any possibility that the appellant could have taken away the victim by using force from her house to nearby pond and had committed rape on her.

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This Court finds that the appellant was on bail during trial and has not misused the liberty of bail. This Court further finds that the appellant is in judicial custody since 04.06.2024 and final disposal of this criminal appeal is likely to take sometime therefore, it is in the interest of justice that the appellant may be enlarged on bail during pendency of this criminal appeal.

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Having considered the overall facts and circumstances of the case, I hereby direct the trial court / competent court to enlarge the appellant, Amar Bahadur on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The fine, imposed by the trial court, shall be deposited by the appellant-applicant within a period of one month from his actual release from prison, if the same is not earlier deposited.

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(ii) The appellant-applicant shall cooperate in the early disposal of the appeal without seeking unnecessary adjournment.

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CRLA No. 2337 of 2024

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(iii) The appellant-applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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On acceptance of the bail bonds and the personal bond, the court concerned shall transmit the photostat copies thereof to this Court for being kept on record.

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Order on Memo of Appeal

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List/Put up this criminal appeal for hearing, in due course.

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November 15, 2025 Lokesh Kumar

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(Manjive Shukla,J.)

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Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Amar Bahadur v. State of U.P. Thru. Prin. Secy. Home Lko.

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Amar Bahadur v. State of U.P. Thru. Prin. Secy. Home Lko.

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