Anandi Singh vs Upendra Singh & Others

I.A. No. 6550 of 2016

Heard Mr. Sanjay Kumar Tiwari, learned Counsel for

the appellant and Mr. Vijay Kumar Roy, learned Addl. P.P.

appearing for the State, on the Interlocutory Application

bearing I.A. No. 6550 of 2016, wherein prayer has been made

to enlarge the appellant on bail during the pendency of the

present appeal.

Mr. Tiwari, learned counsel for the appellant, submits

that the appellant was on bail during the trial and he never

misused the liberty granted to him and he is languishing in jail

from the date of judgment and the victim was aged about 19

years at the time of occurrence and therefore, she was the

consenting party and therefore, the present appellant may be

released on bail, during the pendency of the present appeal.

Mr. Vijay Kumar Roy, learned Addl. P.P. appearing for

the State, has vehemently opposed the prayer for bail of the

appellant on the ground that under the threat, the appellant

obtained consent and thereafter committed rape upon the

victim. He further submits that P.W.-6, the victim, has

specifically taken the name of the present appellant and

therefore, the appellant does not deserve to be released on bail, but he admits that he was on bail during the trial and

never misused the liberty granted to him.

Having heard learned counsel for the parties and after

going through the judgment of the trial court and considering

the evidence of P.W. 3 (Doctor), P.W.-6 (Victim) and Ext.-1

(Medical Report) and the fact that the appellant was on bail

during the trial and never misused the liberty granted to him,

during the pendency of the appeal, the trial court (the learned

District and Additional Sessions Judge-IV, Garhwa) is directed

to admit the present appellant- Vikash Kumar Singh, on bail on

such terms and conditions as he may deem fit and proper in

connection with Sessions Trial No. 209 of 2011.

I.A. No. 6550 of 2016 stands disposed of.