Ranvir vs State of U.P.

Vinod Prasad, J.—Heard Sri Manoj Kumar learned Counsel, on the bail prayer of the Appellant and learned AGA. I have also perused the material on record.

Learned Counsel for the Appellant invited the attention of the court at page 7 of the impugned judgment and submitted that the victim, who is major and was the best witness, turned hostile and did not support the prosecution case. It is further submitted that in court she has denied the complicity of the present Appellant Ranvir in the crime and stated that he had not out raised her chastity. It is further submitted that the appeal is not likely to be heard in near future and the Appellant was on bail during the trial and has not misused the liberty of bail.

Learned AGA could not dispute the said fact.

Without expressing any opinion on the merits of the appeal. I think it appropriate to release the Appellant on bail during the pendency of this appeal.

Let the Appellant Ranvir be released on bail on his furnishing a personal bond of Rs. one lakh and two sureties each in the like amount to the satisfaction of trial court concerned in S.T. No. 52/08, u/s 376 IPC, P.S. Amritpur, district Farrukhabad.

As soon as bail bond and surety bonds are furnished, photocopy of the same are directed to be transmitted to this Court forthwith by trial Judge concerned, to be kept on the record of this appeal.

Appellant is allowed one month time to deposit Rs. 5000/-of fine awarded on him.