Court No. - 50
Case :- CRIMINAL APPEAL No. - 1421 of 2018 Appellant :- Jagdish Kumar Respondent :- State Of U.P.
Counsel for Appellant :- Triloki Nath Counsel for Respondent :- G.A.,Ajay Kumar Srivastava
Hon'ble Harsh Kumar,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant-appellant, learned AGA 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 Sections 308 I.P.C.; that the applicant-appellant has been sentenced with two years simple imprisonment and fine; that during trial applicant- appellant was on bail and has not misused the liberty of bail and is in custody since the date of judgment of conviction i.e. 27.02.2018; 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 shall remain present before the Court as and when required and he will cooperate with the hearing of appeal for which his counsel will remain present on the dates of listing.
Learned A.G.A. for the State and learned counsel for the first informant vehemently opposed the prayer of bail and contended that the applicant-appellant has been rightly convicted for the offence; that there is sufficient evidence of offence 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 Jagdish Kumar be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of trial Judge concerned in S.T. No. 378 of 2015, Case Crime No 177 of 2015, under section 308 I.P.C., P.S. Cholapur, District Varanasi, and subject to deposit of 50% amount of fine imposed on him and undertaking that applicant-appellant 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 :- 30.7.2018 Kamar/Vibha