Court No. - 51
Case :- CRIMINAL APPEAL No. - 7883 of 2017
Appellant :- Jabir
Respondent :- State Of U.P.
Counsel for Appellant :- Vipin Kumar
Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Akhilesh Chandra Sharma,J.
Order on Criminal Misc. Bail Application This is a bail application moved on behalf of appellant Jabir in the instant criminal appeal.
Heard learned counsel for the parties and perused the record.
Contention of the learned counsel for the appellant is that the appellant is not the husband and he has been falsely implicated in the present case due to ulterior motive and he has not committed any such crime as alleged and he is in jail since 04.12.2017; co-accused Shamshuddin has already been enlarged on bail in criminal appeal no. 7639 of 2017, copy of which has been produced and the same is taken on record; husband is already in jail; there is no likelihood of the appeal being heard in near future and there is every likelihood of the appeal being allowed.
Learned A.G.A. has strongly opposed the prayer for bail.
Without expressing any opinion on the merits of the case, let the appellant- Jabir convicted and sentenced in S.T. No. 930/2013 arising out of case crime no. 735/2012, u/s 498A, 304B alternate sections 302/34 IPC & 3/4 D.P.Act PS Faridpur, District Bareilly 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.
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.
Rs. 5000/- of the fine shall be deposited by the appellant within a period of one month from the date of his release and balance amount of fine shall remain stayed during the pendency of this appeal. In case of default in depositing Rs. 5000/- of the fine within the aforesaid period, the same shall be recovered in accordance with law.
Order Date :- 23.2.2018 Anand