Court No. - 51
Case :- CRIMINAL APPEAL No. - 2 of 2018
Appellant :- Anand Swaroop And Another
Respondent :- State Of U.P.
Counsel for Appellant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi
Counsel for Respondent :- G.A.,Bhuvnesh Kumar Singh
Hon'ble Vipin Sinha,J.
Hon'ble Akhilesh Chandra Sharma,J.
Order on Criminal Misc. Bail Application This is a bail application moved on behalf of appellants, namely, Anand Swaroop and Chandradeep in the instant criminal appeal.
Heard Sri Vinod Kumar Tirpathi and Sri Manoj Kumar Tripathi, learned counsel for the appellants, Sri Bhuvnesh Kumar Singh, learned counsel for the complainant and learned A.G.A. for the State.
Contention of the learned counsel for the appellants is that as per the prosecution version set up in the FIR itself, the role of firing and killing to the deceased has been assigned to co-accused Kartik; the Court has been informed that co-accused Kartik has been declared as juvenile; the appellants have been assigned the role of assault by lathi and danda and as per the postmortem report, the deceased has died on account of gunshot injury; there is no likelihood of the appeal being heard in near future and there is every likelihood of the appeal being allowed.
Learned A.G.A. has strongly opposed the prayer for bail.
Without expressing any opinion on the merits of the case, let the appellants, namely, Anand Swaroop and Chandradeep convicted and sentenced in S.T. No. 323/2014 arising out of case crime no. 103/2014, u/s 302/34 IPC, PS Nahtaur, District Bijnor 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 the appellant within a period of one month from the date of his 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 :- 23.2.2018 Anand