Court No. - 67
Case :- CRIMINAL APPEAL No. - 4967 of 2019 Appellant :- Ankush Respondent :- State Of U.P.
Counsel for Appellant :- Dhiraj Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the appellant, learned AGA and perused the record.
Admit.
Summon the lower court record.
List after receipt of lower court record.
Order on bail application
Heard learned counsel for the appellant, learned AGA and perused the record.
By means of the present appeal the appellant is assailing the validity and veracity of the judgment and order dated 15.07.2019 passed by learned Additional Sessions Judge, Court no. 5, Saharanpur in Session Trial No. 627 of 2014 (State Vs. Ankush) in Case Crime No. 10/49 of 2014, u/s 307 IPC, P.S. Sadar Bazar, District Saharanpur by which the appellant Ankush was convicted and sentenced u/s 307 IPC for seven years rigorous imprisonment along with the fine of Rs. 5,000/- and in default of payment three months additional rigorous imprisonment.
Submission made by the counsel for the appellant that the FIR was got registered by father of the injured wit the allegation that the assailant Ankush was in the stage of intoxication, has given a bang empty bottle of liquor in the hand of the injured causing serious and grievous injury over his hand. As per the testimony of Dr. Amar Singh, P.W. -4, it has been reveal that both of them (Ankush and Akhil Srivastava) are in the dead drink condition and in the stage of intoxication there was a scuffle between them which has resulted into the injury over the person of the injured, Akhil Srivastava. It is further submitted that during trial in the present case the appellant was enlarged on bail by another co-ordinate Bench of this Court vide order dated 02.04.2014.
Per contra learned AGA opposed the prayer for bail and submitted that there is sufficient evidence against the appellant so she should not be entitled to be enlarged on bail.
After having heard the submissions made by learned counsel for the parties and taking into account the mental and physical stage of Ankush and Akhilesh Srivastava, I find that the appellant is entitled to be enlarged on bail.
Let the the appellant Ankush, be released on bail in S.T. No. 627 of 2014 (State Vs. Ankush) in Case Crime No. 10/49 of 2014, u/s 307 IPC, P.S. Sadar Bazar, District Saharanpur during the pendency of the appeal, on her each furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Subject to the appellant depositing 100% of the fine within a period of one month and the remaining amount of fine shall remain stayed during pendency of the appeal.
On acceptance of bail bonds, the lower court record shall transmit photostat copies thereof to this Court for being kept on record of this appeal.
List this appeal for hearing in due course.
Order Date :- 30.7.2019 Nisha