Court No. - 51
Case :- CRIMINAL APPEAL No. - 3175 of 2018 Appellant :- Abhinandan Tripathi Respondent :- State Of U.P.
Counsel for Appellant :- Arun Kumar Shukla Counsel for Respondent :- G.A.,Santosh Kumar Shukla
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
This is the first bail application in the instant criminal appeal Heard learned counsel for the applicants-appellants, learned A.G.A. for the State and perused the record.
In the present case bail is being sought in appeal against the order of conviction and we have perused the judgment and order dated 04.06.2018 passed by the trial court convicting the appellant.
The contention as raised at the Bar by learned counsel for the appellant is that initially the FIR was lodged only under Section 304-A of IPC as a case of accidental firing. The contention is that the three friends were sitting together and were examining the weapon and then accidentally the same was fired and the deceased received injury. It was the appellant himself who had taken the deceased injured to the hospital at his own father who is a doctor and subsequently when adviced by the doctor that looking to the condition he should be taken to Kanpur and while being taken to Kanpur he expired on the way. Subsequently, Mamta wife of deceased, had given an affidavit raising a different version together. It has not been disputed that the first informant is eye witness to the incident and initially the FIR was lodged under 304A I.P.C. The further contention is that whether it is an offence under Section 304A or 302 I.P.C. keeping in view the testimony of Mamta, is a debatable issue and has to be threshed out at the hearing stage. It is next contended that in these facts and circumstances, the appeal becomes arguable and there is likelihood of the appeal being allowed if it is heard on merit, however, there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail.
The prayer for bail is granted. The application is allowed.
Let the applicant-appellant Abhinandan Tripathi convicted and sentenced in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The applicant - appellant is directed to deposit 50 per cent of the fine within a period of one month from the date of his release from jail. The realization of rest of the fine shall remain stayed during the pendency of the appeal. It is made clear that in case, the fine, as directed, is not deposited within the time as specified above, the same shall be recovered in accordance with law.
However, looking to the facts and circumstances of the case the hearing of the appeal is expedited under Chapter-VIII Rule 33A of the Rules of Court.
Order Date :- 14.9.2018 Ram Chander