Order on Appeal Heard learned Counsel for the appellant, learned counsel for the informant and learned AGA for State.
Admit.
Learned AGA accepted notice on behalf of State, so there is no need to issue notice to State.
Issue notice to complainant / victim, returnable at an early date, to be served through CJM concerned.
Summon the Lower Court Record forthwith.
The appeal is directed to be listed in the month of December, 2021 for final hearing before appropriate Bench.
Order Date :- 28.7.2021 Manoj
Ref : Criminal Misc. Bail Application No. 1 of 2021.
Heard learned Counsel for appellant, learned counsel for the informant, learned AGA for State and perused the material available on record.
Accused-appellant convicted in Sessions Trial No. 192 of 2007, arising out of Case Crime No. 114 of 2007, under Sections 304/34, 325/34 and 323/34 I.P.C., Police Station Haliya, District Mirzapur, applied for bail pending appeal.
Learned counsel for the accused-appellant submits that appellant is innocent and has wrongly been convicted and sentenced by the Trial Court. Trial Court did not appreciate the evidence in right perspective. He further submitted that general role has been assigned against all the accused persons including the appellant in the incident. He further submitted that co-accused Smt. Hem Lata, Tej Bahadur Singh and Ranjeet Singh have already been granted bail by co-ordinate Bench of this Court vide order dated 9.6.2021 in Criminal Appeal No. 1537 of 2021 and the case of the appellant stands of identical footing, hence the appellant is also entitled for bail on the ground of parity. The appellant was on bail during trial but he did not misuse its liberty. Due to heavy pendency of appeals, this appeal is not likely to be heard in near future. In case the appellant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail but conceded the factual position and submitted that the trial Court recorded conviction on the evidence available on record. Hence, the bail application is liable to be rejected.
Considering the facts and circumstances of the case, evidence adduced before trial court, rival contentions of learned Counsel for parties, bail granted to other co-accused by co-ordinate Bench of this Court and without commenting upon merit of case, accused-appellant deserves bail.
Accordingly, bail application is allowed.
Let the appellant Aditya Pratap Singh be released on bail in the aforesaid matter, during pendency of appeal, on his furnishing a personal bond and two reliable sureties in the like amount before the trial Court concerned to its satisfaction.
Half amount of fine shall be deposited before release of appellant and realization of half fine shall remain stayed during pendency of appeal.
As soon as personal bonds and surety bonds are furnished, after keeping the same on record, photocopies are directed to be transmitted to this Court forthwith by trial Court concerned for keeping them on the record of appeal.
Order Date :- 28.7.2021 Manoj