Court No. - 71
Case :- CRIMINAL APPEAL No. - 6207 of 2018 Appellant :- Dharmendra Respondent :- State Of U.P.
Counsel for Appellant :- Mukesh Kumar Counsel for Respondent :- G.A.,Arun Kumar Tripathi
Hon'ble Siddharth,J.
Order on the Criminal Appeal List this appeal for hearing in due course.
Order on the Criminal Misc. Bail Application Heard learned counsel for the appellant and learned A.G.A. for the State and Sri Arun Kumar Tripathi appearing on behalf of informant.
The counsel for the appellant has submitted that co-accused, Omkar, has already been enlarged on bail vide order dated 06.02.2019 passed in Criminal Appeal No. 6248 of 2018. The case of the appellant stands on equal footing and he may also enlarged on bail. The appellant is in jail since 28.09.2018. This appeal is of the year 2018 and it is not likely to be decided in near future.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the appellant.
Considering the arguments advanced, facts and circumstances of the case as well as the sentence awarded to the appellant, this court is of the opinion that the appellant is entitled to be released on bail.
Let the appellant, Dharmendra, convicted and sentenced in Session Trial No. 86 of 2012 (State vs. Dharmendra and others) arising out of Case Crime No. 1027 of 2011, under Sections- 363, 366, 376, 504 I.P.C., Police Station- Kaimganj, District- Farrukhabad, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
The realization of half of the fine awarded to the appellant shall also remain stayed during the pendency of the appeal.
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.
Order Date :- 27.2.2019 Rohit