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Cheta @ Hcetram v. State Of U.P. - CRIMINAL APPEAL No. 3006 of 2006  RD-AH 8001 (30 April 2007)
Hon'ble M. K. Mittal, J.
Appellant Cheta @ Chetram has prayed for release on bail in this appeal filed by him against the judgement and order dated 28.4.2006 passed by Addl. Sessions Judge, F.T.C. No. 2, Bijnor, in S.T. No. 217 and 218 of 2003 whereby the appellant has been found guilty and convicted under Sections 376(2)(e), 324, 323 IPC and Section 4/25 Arms Act and has been sentenced to undergo rigorous imprisonment up to ten years and fine has also been imposed on him with default stipulation.
Heard learned counsel for the parties and perused the material on record.
Learned counsel for the appellant has contended that appellant has been wrongly implicated in this case and learned Trial Court has not properly appreciated the evidence on record. According to him in the first information report no allegation about rape was made and this fact was introduced subsequently.
He has further contended that there was disputed regarding a plot and on that account he has been falsely implicated in this matter. He is in jail for the last about one year.
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 and the realisation of fine as imposed on him shall remain stayed during pendency of appeal.
He shall also give an undertaking that he will not indulge in any criminal or antisocial activity and shall not threaten the witnesses directly or indirectly and if any report is found against him, it shall be open for the Court below to report the matter to this Court, after inquiry, so that his bail may be cancelled.
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