Manoj Kumar Upadhyay and Another vs State of U.P.

Shri Kant Tripathi, J.—Heard learned Counsel for the Appellants and learned A.G.A. for the State and perused the judgment and order dated 2.11.2010 rendered by the Addl. Sessions Judge/FTC-II, Jaunpur in S.T. No. 255 of 2009. State of U.P. v. Pramod Kumar Upadhyay and Ors.

Learned Counsel for the Appellants submitted that the maximum sentence imposed on each of the Appellants is of 7 years rigorous imprisonment and the prosecutrix was a married lady. She herself proceeded elsewhere on account of some differences with her husband. But her husband lodged the F.I.R. against the Appellants due to litigation already going on between the Appellants and the complainant. Learned Counsel further submitted that at the police station the complainant and the Appellants entered into a compromise which has been reproduced by the trial court in the impugned judgment. The compromise supports the defence version. It was further submitted that the Appellants are in jail from 8.6.2009 and have thus served out more than two years towards substantive sentence. If 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.

In my opinion, prima facie, the aforesaid submissions of the learned Counsel for the Appellants 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 submissions of the learned Counsel for the Appellants and the learned A.G.A. the Appellants Manoj Kumar Upadhyay and Ram Sajiwan @ Chitharu, who have been convicted and sentenced in the aforesaid session trial are bailed out during the pendency of the appeal, on each of them furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned and also subject to the following conditions:

The Appellants, if so required, shall attend this Court according to the conditions of the bond executed by them;

The Appellants shall not commit any offence similar to the offence of which he has been convicted

In the case of breach of any of the above conditions the the Appellants'' bail may be liable to be cancelled.

The realisation 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.

7.3 Let the paper books be prepared.

List the appeal for final hearing in due course.