Kallu Kachhi vs State of U.P.

Naheed Ara Moonis, J.—Heard learned Counsel for the Appellant and the learned A.G.A. for the State.

Admit.

Summon the lower Court record.

A prayer for bail has been made in this criminal appeal, which has been filed against a judgment and order dated 26.3.2011, passed by Additional Sessions Judge/F.T.C. No. 2, Aurayia, in Session Trial No. 65 of 2009, State v. Kallu Kachhi, arising out of case crime No. 108 of 2009, u/s 354 IPC read with Section 3(i)(x) S.C./S.T. Act, P.S. Kotwali Auraiya, District Auraiya, convicting and sentencing the Appellant for two years simple imprisonment with a fine of Rs. 1,000/- for the aforesaid offence.

It is contended by the learned Counsel for the Appellant the Appellant has been convicted and sentenced for two years imprisonment simple imprisonment with a fine of one thousand rupees for the offence u/s 354 IPC read with Section 3(i)(x) S.C./S.T. Act. The Appellant was on bail during the trial and had never misuse the liberty of bail. Now he is on interim bail after his conviction i.e. 26.3.2011. There is no likelihood of early hearing of the appeal in near future. In case, he is enlarged on bail, he will not misuse the liberty of bail.

Per contra the learned AGA opposed the prayer of bail of the Appellant and supported the judgment of the trial Court.

Having considered the submissions made by the learned Counsel for the Appellant as well as the learned AGA and looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the prayer for bail of the Appellant is allowed.

Let the Appellant, Kallu Kachhi in Session Trial No. 65 of 2009, State v. Kallu Kachhi, arising out of case crime No. 108 of 2009, u/s 354 IPC read with Section 3(i)(x) S.C./S.T. Act, P.S. Kotwali Auraiya, District Auraiya, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned.