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Vijendra Alias Bablu v. State Of U.P. - CRIMINAL APPEAL No. 3575 of 2005  RD-AH 8497 (4 May 2007)
Court No. 44
Criminal Appeal No. 3575 of 2005
Vijendra @ Bablu ......... Appellant
State of U.P. ..........Opp. Party
Hon'ble Imtiyaz Murtaza, J.
Hon'ble R.N. Misra, J.
A prayer for bail has been made on behalf of the appellant who has been convicted by the trial court under Section 363 I.P.C. and sentenced to 7 years and a fine of Rs. 5000, under Sections 366 I.P.C. sentenced for 10 years and under Section 376 I.P.C. sentenced to imprisonment for life and a fine of Rs. 10,000/-.
We have heard learned counsel for the appellant and learned A.G.A. for the State and perused the lower court record as well as the order of Sessions Judge.
It is contended by learned counsel for the appellant that according to the allegations of the first information report the appellant enticed away the victim and committed rape. The medical evidence does not corroborate the allegation of rape as the victim was found habitual to sexual intercourse and she was aged about 16 years. It is further alleged that she was kept in his house alongwith other family members. Lastly it was submitted that sentence is too much excessive.
Considering the facts and circumstances of the case and statement of the witnesses, in our opinion, it is a fit case for grant of bail.
Pending appeal, the appellant namely Vijendra @ Bablu, convicted and sentenced in S.T. No. 93 of 1996 (State Vs. Vijendra @ Bablu & others) shall be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of court concerned.
Realisation of fine shall also remain stayed.
Dated : 4.5.2007
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