Court No. - 48
Case :- CRIMINAL APPEAL No. - 6707 of 2017 Appellant :- Devthan @ Devraj @ Daini Respondent :- State Of U.P.
Counsel for Appellant :- Ratan Singh Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Ref:- Criminal Misc. Bail Application No.372926 of 2017.
Counter affidavit filed today in the court on behalf of State is taken on record.
Heard learned counsel for the appellant and learned A.G.A. for the State. Perused the record.
Submission of the counsel is that applicant did not have any motive to commit the crime and in fact the incident is said to have happened on the spur of moment. Further submission is that injury did not cause any grievous damage to the victim who is performing is regular course of life. It has also been pointed out that during the course of trial also the appellant has remained under detention for a year. Several other submissions in order to demonstrate the falsity of the allegations made against the appellant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the appellant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Submission is that the appellant is languishing in jail since 31.10.2017 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early hearing of appeal. Counsel has attempted to point out several other inherent infirmities in the evidence and also the elements of improbability contained therein and it has been argued that with such infirmities on record there is a reasonable prospect of this appeal being allowed after final hearing takes place.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early hearing and conclusion of appeal, this Court is of the view that the appellant may be enlarged on bail.
Let the appellant- Devthan @ Devraj @ Daini, convicted and sentenced in S.T. No.622 of 2010, State of U.P. vs. Devthan @ Devraj @ Daini, u/s 379, 307 I.P.C. and in S.T. No.623 of 2010, State of U.P. vs. Devthan @ Devraj @ Daini, u/s 25 Arms Act, P.S.- Gangiri, District- Aligarh, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.
List this appeal for final hearing after preparation of paper book.
Order Date :- 29.10.2018 shiv