Court No. - 43 Case :- CRIMINAL APPEAL No. - 3329 of 2006 Petitioner :- Yogesh Kumar Respondent :- State Of U.P. Petitioner Counsel :- Gaurav Kumar Srivastava,S.S. Rajpoot Respondent Counsel :- Govt. Advocate,S.C.Panday Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned A.G.A.
The appellant has been convicted in S.T. No. 666/04 passed by Additional District and Sessions
Judge, Court No. 13, Aligarh for offences under sections 363, 366, 376 I.P.C. and the
maximum sentence awarded to him is 10 years RI. The rest of the sentences are lesser
sentences and all the sentences have been ordered to run concurrently.
On the bail prayer of the appellant and suspension of sentence under Section 389 Cr.P.C. it is
submitted by the counsel for the appellant that the appellant was on bail during the trial and he
has not misused the liberty of bail. He further contended that the appeal is not likely to be heard
in near future. He further contended that the victim left the company on her own accord by
leaving her school and, therefore, wondered around with the appellant to many places and when
caught implicated the appellant. He further contended that the victim was major and school
leaving certificate is no proof of her being a minor inasmuch as some times, the age are reduced
while getting the child admitted in the school. He further contended that the whole prosecution
story is cooked up and sister of the victim had testified that the victim had left the school on her
own accord.
Learned AGA could not dispute the said fact.
Without expressing any opinion on merit, let the appellant Yogesh Kumar be enlarged on bail
on his furnishing a personal bond of Rs. 1 lac with two sureties each in the like amount to the
satisfaction of trial Judge concerned in the above sessions trial for offence. As soon as personal
and surety bonds are furnished, photocopies of the same are directed to be transmitted to this
Court forthwith by trial Judge, Aligarh to be kept on the record of this appeal.
The appellant is allowed one month time to deposit half of the amount of fine awarded to him.
Rest half of the amount of fine shall remain stayed during the pendency of this appeal in this
court.
Order Date :- 5.1.2010
AKG/-