Court No. - 50
Case :- CRIMINAL APPEAL No. - 1266 of 2018 Appellant :- Abdul Gaffar And Another Respondent :- State Of U.P.
Counsel for Appellant :- Prabhakar Dubey,Ram Lal Mishra Counsel for Respondent :- G.A.,Syed Ali Imam
Hon'ble Harsh Kumar,J.
Re: Criminal Misc. Bail Application No.1 of 2018
Counter affidavit filed by learned A.G.A. for the State is taken on record.
Heard learned counsel for the applicants-appellants, learned AGA for the State and perused the record.
Sri Syed Ali Imam, learned counsel for the first informant is not present.
Learned counsel for the applicants-appellants submits that applicants-appellants have been falsely implicated and have been wrongly convicted for the offences under Sections 304 (II), 147, 148, 323/149, 324/149, 352, 452, 427 I.P.C.; that the applicants-appellants have been sentenced with imprisonment for a maximum period of 7 years under Section 304 I.P.C. and fine; that in the FIR common and general role has been assigned to all the nine accused persons and by way of improvement during trial, the appellants have been assigned with lathi at the time of incident but no specific role of causing any injury on vital part to deceased, Mohd. Mustafa, has been assigned to appellants; that the applicants-appellants cannot be considered to be author of the fatal injury of Mohd. Mustafa; that the applicants-appellants did not form any unlawful assembly and did not participate in the incident in question; that during trial applicants-appellants were on bail and have not misused the liberty of bail; that the entire prosecution story is absolutely false and incorrect; that there are material contradictions in prosecution evidence; that the trial court has acted wrongly and illegally in convicting the accused-appellants and they have every hope of success in appeal; that there is no likelihood of appeal to be heard in near future due to huge pendency of old appeals before the court; that co-accused, Khalilullah, Habibullah and Vaitullah have been granted bail by another Bench of this Court vide order dated 24.5.2018 passed in Criminal Appeal No.1184 of 2018, copy produced for perusal; that the applicants-appellants have no criminal history;
that the applicants-appellants undertake that they will not misuse the liberty of bail and shall remain present before the Court as and when required and they will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing.
Learned A.G.A. vehemently opposed the prayer of bail and contended that the applicants-appellants have been rightly convicted for the offences; that there is sufficient evidence of offences on record against the applicants-appellants.
Considering the unlikelihood of early hearing of appeal, complicity of convicts and sentence, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for grant of bail during pendency of the appeal.
Let the applicants-appellants, Abdul Gaffar and Rahamtullah be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No.93 of 2009, Case Crime No.752 of 2008, under sections 147, 148, 149, 452, 323, 324, 302, 352, 427, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act, P.S. Rudhauli, District Basti and subject to deposit of entire amount of fine imposed on them and undertaking that applicants-appellants will cooperate with the hearing of the appeal.
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 concerned to be kept on the record of this appeal.
Order Date :- 30.7.2018 Deepika