Kripal and Others vs State of U.P.

Shri Kant Tripathi, J.—Counter affidavit filed on behalf of the State is taken on record.

Heard the Learned Counsel for the Appellants and the learned A.G.A. for the State and perused the judgment and order dated 16.03.2011 passed by Additional Sessions Judge, Court No. 2, Bareilly in S.T. No. 71 of 2008.

Learned Counsel for the Appellants submitted that he would press the bail prayer of the Appellant No. 2 today and the bail prayer of the Appellant No. 1, Kripal will be pressed on the next date.

Learned Counsel for the Appellants submitted that according to the facts and circumstances of the case the main complicity was of the Appellant No. 1, Kripal, who is alleged to have committed rape on the prosecutrix. The Appellant Nos. 2, 3 and 4 have been convicted only with the aid of Section 120-B I.P.C. It was further submitted that the Appellants were on bail during the trial and never abused the same. It was also contended that in case the Appellants are not released on bail, the appeal would, in due course, become infructuous as there is No. prospect of the appeal being heard in near future due to heavy dockets. I

In my opinion, prima facie, the aforesaid submissions of the Learned Counsel for the applicants have substance, therefore, it is just and expedient to exercise the discretion in favour of the Appellants.

Keeping in view the entire facts and circumstances of the case and submission of the Learned Counsel for the Appellant and the learned A.G.A., the Appellant Nos. 2, 3 and 4 Bhagvan, Ram Prasad and Smt. Saroj, who have been convicted and sentenced in the aforesaid sessions trial, is released on bail, during the pendency of the appeal, on their each furnishing a personal bonds and two sureties each in the like amount to the satisfaction of the court concerned.

The realization of half of the fine shall remain stayed during pendency of the appeal, provided the Appellants deposit half of the fine within one month.

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

Let the paper books be prepared.

List after four weeks for consideration of the bail prayer of the Appellant No. 1, Kripal.