Court No. - 1
Case :- CRIMINAL APPEAL No. - 1767 of 2017
Appellant :- Devendra Sharma And 5 Others
Respondent :- State Of U.P.
Counsel for Appellant :- Sanjai Kumar,Vijay Prakash
Counsel for Respondent :- G.A.,Gaurav Kakkar
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Order on Crl. Misc. Bail Application No.111504 of 2017 Heard Sri Sanjai Kumar, learned counsel for the appellants, Sri Gaurav Kakkar, learned counsel for the complainant, learned A.G.A. for the State and perused the lower court record.
It has been contended by learned counsel for the appellants that an FIR was lodged against the appellants for assaulting the deceased and injured by the informant. It is further submitted that the deceased died on account of single injury which was caused by farsa from the reverse side, which was attributed to accused-appellant Devendra Sharma, who was armed with farsa. It is further submitted that rest of appellants and injured had also received injuries, which were simple in nature. It has been further contended that the appellants are innocent and have been falsely implicated in the present case due to ulterior motive by the complainant. He next contends that the appellant nos. 3, 4 and 5 have already been enlarged on bail by this Court, vide order dated 13.12.2017. There appears to be no cogent evidence against the appellants. He next argued that no incriminating articles have been recovered either at the pointing out of the appellants or from their possession. The appellants were on bail during trial, but they have not misused the liberty of bail granted to them. The trial court has misread the evidence on record and wrongly convicted the appellants. He further submits that the appellants are in jail since 06.02.2017.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellants.
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 appellants, we are of the opinion that the appellants are entitled to be released on bail.
Let the appellant nos.1, 2 and 6, namely, Devendra Sharma, Sanjay & Naveen convicted and sentenced in S.T. No.10 of 2012, arising out of Case Crime No.196 of 2011, under Sections 147, 148, 323, 325, 452, 504, 506, 307, 302 I.P.C., Police Station-Chattari, District-Bulandshahar be released on bail on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bonds and personal bonds, the lower court shall transmit Photostat copies thereof to this Court for being kept on the record.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 27.11.2018 m.a.