Court No. - 51
Case :- CRIMINAL APPEAL No. - 7033 of 2011 Appellant :- Guddu @ Om Baran Bedia Respondent :- State Of U.P.
Counsel for Appellant :- Rajiv Gupta,Dileep Kumar,Jitendra Singh,Rajrshi Gupta,Sukhvir Singh Counsel for Respondent :- Govt. Advocate
Hon'ble Vipin Sinha,J. Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant-appellant and Sri Yogeshwar Rai, learned A.G.A. for the State on the third bail application moved on behalf of applicant-appellant Guddu @ Om Baran Bediya. The first bail application was rejected by another Bench of this Court vide order dated 16.7.2012. Subsequently, the second bail application was rejected by this Court vide order dated 6.12.2017.
In the present case bail is being sought in appeal against the order of conviction.
We have perused the impugned judgment and order passed by the trial court convicting the appellant.
The third bail application is being pressed solely on the ground that the appellant is in jail since 12.1.2007 with no criminal history which fact has not been disputed by learned AGA.
We have perused the earlier two orders passed by another Bench of this Court by means of which the first and the second bail applications were rejected. Both the orders are very elaborate and speaking in fact to the effect that four persons namely Keval Chandra, Shailendra Singh Thakur, Amrish Yadav and Guddu @ Ram Baran Bedia arrived at a shop and fired upon the deceased. The deceased received as many as six gunshot injuries. It was a day light incident and eye witness account is also present and it was on this account that the first and the second bail applications of the applicant were rejected by another Bench of this Court by means of reasoned and very elaborate order, which have already been annexed with the third bail application.
However, today when the case has been taken up, learned counsel for the applicant-appellant has produced an order dated 11.3.2019 passed by the Apex Court rendered in SLP (Crl.) No.8279 of 2018 Kewal Chandra Lodh vs. The State of Uttar Pradesh, which reads herein as under:
"Having regard to the facts and circumstances of the case, in the interest of justice we consider it appropriate to grant bail to the petitioner.
Accordingly, the petitioner is directed to be released on bail on furnishing bail bonds in the sum of Rs.50,000/- with two sureties of the like amount to the satisfaction of the trial court.
The special leave petition is disposed of accordingly."
Thus, keeping in view the spirit of the order passed by the Supreme Court, the fact that the role assigned to the applicant/ appellant and co-accused, Kewal Chandra Lodh is identical, the fact that a case based on the principle of parity is made out, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the prayer for bail is granted. The bail application is allowed.
Let applicant-appellant Guddu @ Om Baran Bedia convicted and sentenced vide impugned judgment in ST No. 69 of 2007 (arising out of Case Crime No.04 of 2007) u/s 302, 307 IPC and 3(2)(5) SC/ST Act PS Saini District Kaushambi be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The fine as imposed by the trial court concerned shall be deposited by the appellant within a period of one month from the date of his release. In case the fine as directed is not deposited within the time as specified above, the same shall be recovered in accordance with law.
Order Date :- 26.7.2019 SP