Court No. - 50
Case :- CRIMINAL APPEAL No. - 67 of 2018 Appellant :- Bhanu @ Bhanu Pratap Singh And 4 Others Respondent :- State Of U.P.
Counsel for Appellant :- Ajay Srivastava,Kandarp Srivastava,Kaustubh Srivastava Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Re: Criminal Misc. Bail Application No.3707 of 2018
Heard learned counsel for the applicants-appellants, learned AGA for the State and perused the record.
Learned counsel for the applicants-appellants submits that applicants-appellants have been falsely implicated and have been wrongly convicted for the offences under Sections 147, 148, 323/149, 307/149 I.P.C.; that the applicants-appellants have been sentenced with rigorous imprisonment for a maximum period of 10 years under Section 307/149 IPC and fine; that the applicants-appellants no.1, 2 and 3 have been assigned with the role of causing fire arm injuries to injured persons while appellant no.4 and 5 have been assigned with the role of causing injuries with lathis in their hands; that the medical examination reports of the three injured persons show that the alleged fire arm injuries were pellet injuries and no internal damage had been caused under them; that the alleged lathi injuries are on non-vital parts and cannot be considered to be dangerous to life of victim; that during trial applicants- appellants were on bail and have not misused the liberty of bail and are in custody since the date of judgment i.e. 8.12.2017; that the entire prosecution story is absolutely false and incorrect; that the trial court has acted wrongly and illegally in convicting the accused-appellants and they have every hope of success in appeal; that there is no likelihood of appeal to be heard in near future due to huge pendency of old appeals before the court; that the applicants-appellants have no criminal history; that the applicants-appellants undertake that they will not misuse the liberty of bail and shall remain present before the Court as and when required and they will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing.
Learned A.G.A. vehemently opposed the prayer of bail and contended that the applicants-appellants have been rightly convicted for the offences; that the injury reports of two injured persons show that they sustained fire arm injuries on chest and abdomen, the vital parts of body; that in view of the fact that the weapons used by accused-appellant no. 1, 2 & 3 were deadly weapons, fire arms while accused-appellant nos.4 and 5 of caused injuries with lathis and since all the accused persons committed the offence in prosecution of common object of unlawful assembly formed by them, so all of them are liable to be held guilty and have been rightly convicted; that there is sufficient evidence of offences on record against the applicants- appellants.
Considering the unlikelihood of early hearing of appeal, complicity of convicts and sentence, seat of injury, weapon of crime and role assigned as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for grant of bail during pendency of the appeal to applicant-appellant nos.4 and 5 and do not find it a fit case for grant of bail to applicant-appellant nos.1, 2 and 3.
Let the applicants-appellants no.4 and 5, namely, Jagdish and Anil Singh be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 97 of 1995, Case Crime No.20 of 1995, under sections 147, 148, 307/149, 323/149 I.P.C., P.S. Mardah, District Ghazipur, and subject to deposit of entire amount of fine imposed on them and undertaking that applicants-appellants will cooperate with the hearing of the appeal.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
The bail application of applicants-appellants no.1, 2 and 3, namely, Bhanu @ Bhanu Pratap Singh, Brij Bhan Singh and Munna Singh with regard to the aforesaid case, is rejected accordingly.
Order Date :- 31.7.2018 Deepika