High Court of Judicature at Allahabad
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Sanjay v. State Of U.P. - CRIMINAL APPEAL No. 4232 of 2007  RD-AH 10971 (2 July 2007)
Hon'ble M. K. Mittal, J.
This appeal has been filed by Sanjay against the judgement and order dated 30.5.2007 passed by Addl. Sessions Judge, Court No. 1, Ghaziabad in Sessions Trial No. 2152 of 1999 whereby he has been found guilty and convicted under Sections 363, 366, 376 IPC and has been sentenced to undergo rigorous imprisonment up to seven years and fine has also been imposed on him with default stipulation.
Learned counsel for the appellant has filed supplementary affidavit, be taken on record.
Heard learned counsel for the parties and perused the impugned judgement.
Learned counsel for the appellant has contended that prosecutrix was major at the relevant time as is apparent from her medical examination and X ray report dated 30.1.1999 as mentioned in supplementary report dated 1.2.1999. He has further contended that in this matter co accused Pintu, who was similarly situate and was alleged to have kidnapped and raped the younger sister of the present prosecutrix, has been directed to be released on bail by order dated 18.6.2007 passed by another bench of this Court in Criminal Appeal No. 4010 of 2007.
In the circumstances of the case, but without prejudice to the merits of the case, appellant be released on bail during pendency of this appeal, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned. He shall also deposit the amount of fine as imposed on him.
He shall also give an undertaking that he will not indulge in any criminal or antisocial activity and if any report is found against him, it shall be open for the Court below to report to this Court so that his bail may be cancelled.
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