Court No. - 51
Case :- CRIMINAL APPEAL No. - 1785 of 2017
Appellant :- Amit Verma And 2 Others
Respondent :- State Of U.P. Counsel for Appellant :- K.K.Rao Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Chandra Dhari Singh,J.
Order on Criminal Misc. Bail Application The case has been listed today in compliance of the order dated 11.10.2017 passed by another Bench of this Court.
This is a bail application moved on behalf of appellant nos. 1 and 3, namely, Amit Verma and Sada Nand Verma in the instant criminal appeal.
Heard learned counsel for the parties and perused the record.
Contention of the learned counsel for the appellants is that all the accused persons have been assigned general role of assault; there are cross-case and both sides have received injuries; reliance has been placed upon the testimony of PW-3 who has assigned the role of chain to co-accused Pankaj Verma; the appellants were on bail during trial which liberty has never been misused or abused by them and the appellants have no previous criminal history; there is no likelihood of the appeal being heard in near future and there is every likelihood of the appeal being allowed.
Sri V.K. Pandey, learned A.G.A. has strongly opposed the prayer for bail.
Without expressing any opinion on the merits of the case, let the appellants- Amit Verma and Sada Nand Verma convicted and sentenced in S.T. No. 3/2010 arising out of case crime no. 3/2009, u/s 147, 304, 452, 323, 504, 506 IPC, PS Khajni District Gorakhpur be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Fifty percent of the fine shall be deposited by each of the appellants within a period of one month from the date of their release and balance fifty percent of fine shall remain stayed during the pendency of this appeal. In case of default in depositing fifty percent of fine within the aforesaid period, the same shall be recovered in accordance with law.
Order Date :- 30.3.2018 Anand