Court No. - 51
Case :- CRIMINAL APPEAL No. - 1607 of 2017
Appellant :- Avnesh And Another
Respondent :- State Of U.P.
Counsel for Appellant :- Sanjeev Kumar Mishra,Ajendra Kumar,Nazrul Islam Jafri,Prakash Chandra Srivastav
Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Chandra Dhari Singh,J.
Order on Criminal Misc. Bail Application This is a bail application moved on behalf of appellants Avnesh and Sanjay @ Sonu 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 applicants have not been named in the FIR and they have been implicated in the present case on the basis of the sole testimony of Brijesh; there is no eye witness account and there is no recovery from the appellants; PW-1 and PW-2 have not supported the case of the prosecution; 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 Mohd. Nadeem, learned A.G.A. has strongly opposed the prayer for bail.
Without expressing any opinion on the merits of the case, let the appellants- Avnesh and Sanjay @ Sonu convicted and sentenced in S.T. No. 809/2012 arising out of case crime no. 151/2012, u/s 302/34, 201 IPC, PS Wajirganj District Badaun 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.
Since the lower court record has been received, the hearing of this appeal be expedited under Chapter-VIII Rule 33A of the Rules of Court.
Let the paper books be prepared within three months and thereafter the appeal be listed for hearing before the appropriate Bench.
Order Date :- 30.3.2018 Anand