Court No. - 50
Case :- CRIMINAL APPEAL No. - 3993 of 2018 Appellant :- Himlesh Kumar Respondent :- State Of U.P.
Counsel for Appellant :- Lakshman Singh Counsel for Respondent :- G.A. Hon'ble Harsh Kumar,J. Admit.
Summon the lower Court record.
Issue notice to opposite party. Notice need not be set to learned A.G.A. as he has already received the same. List after receipt of record.
Order Date :- 27.7.2018 S. Thakur
Court No. - 50
Case :- CRIMINAL APPEAL No. - 3993 of 2018 Appellant :- Himlesh Kumar Respondent :- State Of U.P.
Counsel for Appellant :- Lakshman Singh Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Re: Criminal Misc. Bail Application No. 1 of 2018.
Heard learned counsel for the applicant-appellant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant-appellant submits that applicant-appellant has been falsely implicated and has been wrongly convicted for the offences under Section 307 I.P.C. and Section 25(1-B) of Arms Act; that the applicant-appellant has been sentenced with maximum rigorous imprisonment for four years and fine under various sections; that during trial applicant-appellant was on bail and has not misused the liberty of bail and is in custody since the date of judgement of conviction i.e. 28.06.2018; that the entire prosecution story is absolutely false and incorrect; that there are material contradictions in prosecution evidence; that the trial court has acted wrongly and illegally in convicting the accused-appellant and he has every hope of success in appeal; that there is no likelihood of appeal to be heard in near future due to huge pendency of appeals before the court; that the applicant- appellant has no criminal history; that the applicant-appellant undertakes that he will not misuse the liberty of bail and will remain present before the Court as and when required and he will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing.
Learned A.G.A. vehemently opposed the prayer of bail and contended that the applicant-appellant has been rightly convicted for the offences; that there is sufficient evidence of offences on record against the applicant-appellant.
Considering the unlikelihood of early hearing of appeal, complicity of convicts and sentence as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for grant of bail during pendency of the appeal.
Let the applicant-appellant Himlesh Kumar be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of trial Judge concerned in Sessions Trial No. 144 of 2016 arising out of Case Crime No. 96 of 2016, under sections 307, 504 I.P.C. and Sessions Trial No. 148 of 2016 arising out of Case Crime No. 120 of 2016, under Section 3/25 of Arms Act, Police Station Ata, District Jalaun, and subject to deposit of entire amount of fine imposed on them and undertaking that applicants-appellants will cooperate with the hearing of the appeal.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
Order Date :- 27.7.2018 S. Thakur