Court No. - 51
Case :- CRIMINAL APPEAL No. - 280 of 2018
Appellant :- Smt. Anju
Respondent :- The State Of U.P. Counsel for Appellant :- Sanjay Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Daya Shankar Tripathi,J.
Order on Criminal Misc. Bail Application This is a bail application moved on behalf of appellant Smt. Anju in the instant criminal appeal.
Heard learned counsel for the parties and perused the record.
Contention of the learned counsel for the appellant is that the appellant has been falsely implicated in the present case due to ulterior motive and she has not committed any such crime as alleged and she is in jail since 22.12.2017; appellant was not chargesheeted and she was summoned under Section 319 Cr.P.C.; even if the prosecution story is believed to be true, the only role has been assigned to the applicant is that of hatching hold; the appellant was on bail during trial which liberty has never been misused or abused by her and the appellant has 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.
Rajeev Mishra, learned A.G.A. has strongly opposed the prayer for bail.
Without expressing any opinion on the merits of the case, let the appellant- Smt. Anju convicted and sentenced in S.T. No. 938/2013 arising out of case crime no. 186/2013, u/s 302/34, 504 IPC, PS Ashmolli, District Shambhal be released on bail on her 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.
Rs. 10,000/- of the fine shall be deposited by the appellant within a period of one month from the date of her release and balance amount of fine shall remain stayed during the pendency of this appeal. In case of default in depositing Rs. 10,000/- of fine within the aforesaid period, the same shall be recovered in accordance with law.
Order Date :- 27.2.2018 Anand