Court No. - 51
Case :- CRIMINAL APPEAL No. - 4710 of 2018 Appellant :- Bheema @ Ajay Respondent :- State Of U.P.
Counsel for Appellant :- Nazrul Islam Jafri,Gufran Ahmad Khan Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the applicant-appellant and learned AGA for the State.
This is the first bail application moved on behalf of applicant- appellant in S.T. No. 943 of 2007 (State Vs. Bheema and others), Session Trial No. 944 of 2007 (State Vs. Bheema @ Ajay) S. T. No. 945 of 2007 (State Vs. Priti @ Raj Kishore) and S.T. No. 1210 of 2007 (State Vs. Chota @ Vicky) arising out of Case Crime No. 349 of 2007, Case Crime No. 351 of 2007, Case Crime No. 352 of 2007 and Case Crime No. 398 of 2007, under Section 364, 302/34, 201 of I.P.C. and Section 4/25 Arms Act, Police Station Ujhani, District Budaun, Learned counsel for the applicant submitted that the co-accused Priti @ Ramkishore and Vicky @ Chota have already been enlarged on bail by this Court vide order dated 20.09.2018 passed in Criminal Appeal No. 4643 of 2018. He further submitted that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is in jail since 16.07.2018.
Learned A.G.A. has opposed the prayer for bail, however, he has not refuted the factum of parity.
In view of the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The bail application is allowed.
Let the applicants-appellants Bheema @ Ajay convicted and sentenced in above mentioned crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The applicant - appellant is directed to deposit 50 per cent of the fine within a period of one month from the date of his release from jail. The realization of rest of the fine shall remain stayed during the pendency of the appeal. It is made clear that in case, the fine, as directed, is not deposited within the time as specified above, the same shall be recovered in accordance with law.
Order Date :- 25.9.2018 Ram Chander