Court No. - 36
Case :- CRIMINAL APPEAL No. - 3783 of 2014
Appellant :- Devendra Singh
Respondent :- State Of U.P.
Counsel for Appellant :- Arvind Kumar Srivastava,B.R. Singh,Nisar Uddin,Rajesh Kumar Verma
Counsel for Respondent :- Govt.Advocate
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Crl. Misc. Bail Application No.323815 of 2014.
Heard Sri B.R. Singh, learned counsel for the appellant and Sri Ashish Pandey, learned A.G.A for the State.
Learned counsel for the appellant submits that though the appellant is the son of the deceased and the F.I.R was lodged by his real brother Ram Bhajan-P.W-1 and his other brother namely Megh Nath PW-2 is the eye witness of the occurrence. He further submits that the informant,PW-1 as well as his other brother PW-2 Megh Nath have turned hostile and not supported the prosecution. The appellant was married two months back prior to the incident. It is further submitted that the appellant is in jail since 14.3.2013 and if he is released on bail, he will never misuse the liberty of bail. The appeal is not likely to be heard in near future.
Learned A.G.A. vehemently opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
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 Devendra Singh convicted and sentenced in S.T. No.411 of 2013 arising out of case crime No.75 of 2013, State Vs. Devendra Singh, under section 302 I.P.C and Session Trial No. 412 of 2013 arising out of Case Crime No.76 of 2013, State Vs. Devendra Singh, under section 3/25 Arms Act, Police Station Kadar Chauk, District Budaun be released on bail on furnishing a personal bond with two heavy sureties (one should be of family member) each in the like amount by each of them to the satisfaction of the court concerned.
Prayer for stay of realization of fine imposed by the trial court in the impugned judgment and order is refused. However, it is provided that the appellant shall deposit the same within a period of one month from the date of his release.
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.
The application is, accordingly, allowed.
(Rekha Dikshit,J) (Ramesh Sinha,J)
Order Date :- 19.4.2017 G.S