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Judgment
Naheed Ara Moonis, J.—Heard learned Counsel for the Appellant and 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 16.4.2011, passed by Additional Sessions Judge, Deoband, Saharanpur, in Session Trial No. 605 of 2009, State v. Lokendra, arising out of case crime No. 148 of 2009, u/s 363 IPC, P.S. Nanauta, District Saharanpur, convicting and sentencing the Appellant to undergo for five years rigorous imprisonment u/s 363 IPC with a fine of Rs. 4,000/-, with default stipulation.
A first information report has been lodged by the complainant on 30.6.2009 with the allegation that his sister had been enticed away by the Appellant on 18.6.2009 at about 7:30 pm for some false pretext.
It is contended by the learned Counsel for the Appellant that initially the charge was framed against the Appellant u/s 363, 366, 376 IPC. There is inconsistency found in the statements of the victim recorded u/s 161 and 164 Code of Criminal Procedure According to the medical evidence the age of the prosecutrix was 18 years at the time of incident. The trial Court has not found any offence under Sections 366, 376 IPC and as such he has been acquitted from the aforesaid charges and has been convicted only u/s 363 IPC for five years and a fine of Rs. 4,000/-. The Appellant was on bail during the trial and had never misused the liberty of bail. There is no likelihood of early hearing of the appeal and in case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra the learned AGA has 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, Lokendra, convicted and sentenced in Session Trial No. 605 of 2009, State v. Lokendra, arising out of case crime No. 148 of 2009, u/s 363 IPC, P.S. Nanauta, District Saharanpur, 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.