Court No. - 51
Case :- CRIMINAL APPEAL No. - 3557 of 2015
Appellant :- Devendra And Another
Respondent :- State Of U.P.
Counsel for Appellant :- Dharmendra Singhal,Dinesh Kumar Yadav,Ram Pal Singh,S P Mishra
Counsel for Respondent :- Govt.Advocate,Vipin Chandra Pandey
Hon'ble Vipin Sinha,J.
Hon'ble Chandra Dhari Singh,J.
Order on the Criminal Misc. Bail Application This is a first bail application moved on behalf of both the appellants Devendra and Rupesh in the instant criminal appeal.
Heard Sri Dharmendra Singhal learned counsel for the appellant and learned AGA and perused the record.
The contention is that both the appellants were on bail during trial which liberty has not been abused or misused by them, appellants have got no previous criminal history, both the appellants have suffered incarceration for a period of jail for almost four and half years. Further contention is that in the present case, the FIR was lodged by the Jaith of the appellant no. 2 Rupesh with regard to murder of his brother who happens to be the husband of appellant no. 2 Rupesh. The appellants have been implicated on the ground that both the appellant no.1 and 2 were in illicit relationship and deceased was creating hurdle in their relationship and therefore he has been done to death. Further it has been contended that there is no evidence which may show the active participation of the appellants in the alleged crime. There is no last seen evidence which may show that Devendra was seen entering in the house or exiting from the house, the only evidence against Devendra is that there is recovery of a piece of rope and that too after a period of one month.
Sri Mohammad Nadeem, learned AGA has strongly opposed the bail application but they have not been able to dispute the fact that during trial applicants were on bail and also the fact that they have suffered incarceration for a period of jail for almost four and half years and they have got no previous criminal history.
The prayer for bail is granted. The bail application is allowed.
Without expressing any opinion on the merit of the case, let the appellants Devendra and Rupesh convicted and sentenced in S.T. No. 1121of 2007 arising out of Case Crime No. 527 of 2007 under Section 302/34 of I.P.C., P.S. New Agra, District Agra be released on bail on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned.
Fifty percent of the fine shall be deposited by the appellant within a period of one month from the date of his release and balance of fifty percent of fine shall remain stayed during the pendency of this appeal. In case of default in depositing fifty percent of fine within the aforesaid period, the same shall be recovered in accordance with law.
Order Date :- 5.9.2018/Ram Chander