Court No. - 1
Case :- CRIMINAL APPEAL No. - 5263 of 2018
Appellant :- Arvind
Respondent :- State Of U.P.
Counsel for Appellant :- Rajendra Prasad Tiwari,Smt Alpana Tiwari,Vinay Kumar Tiwari
Counsel for Respondent :- G.A.,Shiv Badan
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Re: Criminal Misc. Bail Application No.1 of 2018 Heard Sri Rajiv Lochan Shukla, learned counsel for the appellants, learned AGA for the State and perused the record.
Learned counsel for the appellant submitted that there were six accused persons involved in the present case including the applicant. It has been further submitted that the two co-accused, namely, Raj Kumar and Chhotu alias Arvind, have been acquitted by the trial court who have also assaulted the deceased with blunt object. So far as the present applicant is concerned, it is alleged that all of them have assaulted the deceased with blunt object and the deceased died after three days of the incident due to cardio-respiratory failure on account of head injury. The author of the injury is not known. The appellant is in jail since 14.3.2016.
Learned counsel for the complainant and learned AGA for the State opposed the prayer for bail and submitted that all the accused were involved in the present case and their participation cannot be ruled out but could not dispute the fact that the deceased died due to cardio-respiratory failure on account of head injury.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, we are of the opinion that the appellant is entitled to be released on bail.
Let the appellant Arvind, convicted and sentenced in S.T. No. 149 of 2016 (State Vs. Janki Prasad Yadav and Others), Case Crime No.139 under Section 302/34, 323/34 and 506(II) IPC, P.S. Sipari Bazar, District Jhansi, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
The realization of 75% of fine awarded to the appellant shall remain stayed during the pendency of the appeal.
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.
It is made clear that the appellant shall be released on bail only after depositing 25% of the fine so imposed on him by the trial Court as well as the personal bond and surety to the satisfaction of the Court concerned as has been mentioned in the present order.
Office is directed prepare the paper book and list the same before appropriate Bench on 6.4.2020 for final hearing.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 26.4.2019/Deepika