Court No. - 51
Case :- CRIMINAL APPEAL No. - 2650 of 2018 Appellant :- Brij Bhan Chauhan Respondent :- State Of U.P.
Counsel for Appellant :- Chandresh Kumar Chaurasiya,Pradeep Kumar 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 namely Brij Bhan Chauhan in S.T. No. 365 of 2015 in Case crime No. 87 of 2015, under Section 302/34, 504 and 506 of I.P.C., Police Station Jahanganj, District Azamgarh.
Contention of learned counsel for the appellant is that during trial the appellant was not on bail; the appellant is in jail since 14.06.2015. Further contention is that PW-1 and PW-2 have admitted that the role of firing upon the deceased has been assigned to co accused Sham Lal Chauhan whose case is distinguishable from the present appellant. The role assigned to the appellant is that of firing, however, no injury is said to have been caused by the firing of the appellant. It is next contended that in these facts and circumstances, the appeal becomes arguable and there is likelihood of the appeal being allowed if it is heard on merit, however, there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail but dues not dispute the contention.
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 Brij Bhan Chauhan 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 :- 24.9.2018 Ram Chander