AJAY KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD. Admit. Call for the lower court record. List for hearing on its turn after the record is received. HEARD learned counsel for the appellant and learned A.G.A. on the prayer for bail. The appellant has been convicted and sentenced in Sessions Trial No.822 of 2007 as under-- 1.Under Section 376/109 I.P.C. -Seven years' R.I. with a fine of Rs.4000/-. It is submitted that the severity of punishment is not much. It is further submitted that the nature of accusation against the present appellant is not very serious. It is also submitted that the only accusation against him is that he was catching hold of the hand o the victim. The main allegation of rape has been made against Bhaiyya Lal, co-convict (non-appellant). He has been convicted with the aid of Section 109 I.P.C. The victim was a married lady having two children. The appellant was arrested on 19.10.2006 as mentioned in the judgement in question and continues to be behind the bars till date and as such he has already undergone a considerable period of about two and half years out of the total period of imprisonment of seven years. It is also submitted that speedy justice is a fundamental right but the appeal may take a couple of years or even more in its final disposal. The appellant has every hope of success in the appeal. The bail is, however, opposed by learned A.G.A. In view of the aforesaid facts and circumstances and without entering into merits of the case, I find it to be a fit case for granting bail. Let the appellant (Ajay Kumar) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned. However, the fine is not stayed. Let the same be deposited within two months from the date of his release, if not already deposited. Subject to the above the sentence of imprisonment shall remain suspended during the pendency of the appeal.