Court No. - 50
Case :- CRIMINAL APPEAL No. - 4540 of 2018 Appellant :- Ajay Rajbhar And 4 Others Respondent :- State Of U.P.
Counsel for Appellant :- Anil Kumar Srivastava,Anil Kumar Verma Counsel for Respondent :- G.A.,Ashok Kumar Rai
Hon'ble Harsh Kumar,J.
Re: Crl. Misc. Bail Application No. 01 of 2018
Counter affidavit filed by Sri Ashok Kumar Rai, 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.
Learned counsel for the applicants-appellants submits that applicants- appellants have been falsely implicated and wrongly convicted for the offences under Sections 147, 323, 504, 506 & 304 I.P.C.; that the applicants-appellants have been sentenced with rigorous imprisonment for a maximum period of ten years and fine under Section 304 I.P.C.; that during trial applicants-appellants were on bail and have not misused the liberty of bail and are in custody since the date of judgment of conviction i.e. 02.08.2018; that as per prosecution case, on 09.12.2007 during Panchayat, the applicants-appellants collectively assaulted the injured persons and caused injuries to Shiv Prasad Prajapati, Harihar Prajapati, Wakil Prajapati, Ramnaval Prajapati and Kishan Prajapati; that due to injuries allegedly sustained by the deceased-Harihar Prajapati, he is alleged to have died; that the incident in question is alleged to have taken place in a spur of moment without any pre-meditation of minds; that the role of causing injuries to deceased-Harihar Prajapati has been assigned to co- accused Harinath Rajbhar and Alha Rajbhar out of which, Harinath Rajbhar has died during pendency of trial and Alha Rajbhar has been declared juvenile; that other prosecution witnesses have made general allegations against all the accused persons except PW-2-Wakil Prajapati has assigned the role of causing injuries to Harihar Prajpati, to accused-appellant Harinath Rajbhar, Manbodh Rajbhar and Alha Rajbhar while PW-3-Vinod Kumar Singh has assigned the role of causing injuries to Harihar Prajapati, to accused Harinath Rajbhar and Alha Rajbhar; that the appellant no. 3- Manbodh Rajbhar did not cause any injuries to deceased-Harihar Prajapati; that the injuries of other accused persons are not grievous in nature and may not be considered to be dangerous to their lives; that the appellants- applicants had no intention to cause death of Harihar Prajapati; 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 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.
Sri Ashok Kumar Rai, learned A.G.A. for the State 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 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 Ajay Rajbhar, Chhannu Rajbhar, Manbodh Rajbhar, Janaee Prajapati and Golaee Rajbhar 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. 109 of 2008, Case Crime No.356 of 2007, under sections 147, 323, 504, 506 & 304 I.P.C., P.S. Phoolpur, District Varanasi, and subject to deposit of 50% 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 :- 24.9.2018 Vibha