Court No. - 51 Case :- CRIMINAL APPEAL No. - 5815 of 2015 Appellant :- Jasvendra Kumar @ Yashvinder Respondent :- State Of U.P.
Counsel for Appellant :- Swetashwa Agarwal,Prashant Vyas Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Order on Crl. Misc. Bail Application No. 424666 of 2015 Heard Sri Gopal S. Chaturvedi, learned senior counsel assisted by Sri Prashant Vyas, learned counsel for the appellant and Sri Aruj Kumar Saxena, learned A.G.A. appearing for the State.
The contention of Sri Gopal S. Chaturvedi, learned Senior Counel is that the prosecution story as set up in the FIR is highly improbable; Pramod, brother-in-law of the deceased who was riding the same motorcycle had not been examined by the prosecution. Even though it has been admitted by the prosecution that he has not received any injury, whatsoever. The further contention is that the FIR has been lodged at 5.30p.m. Thus the contention is that it is not possible for lodging of such a prompt FIR. The further contention is that father and the son P.W.1 and P.W.2 who claimed that they were following the deceased in their car had made no attempt, whatsoever, to carry the injured to hospital. His conduct is not beyond doubt. Their presence at the spot is also doubtful. The contention is that the appellant has been convicted solely on the testimony of P.W.1 and P.W.2 who are father and son of the deceased. Pramot, the brother-in-law who was accompanied the deceased has not been examined. The further contention is that the father and the son were travelling in a car and it is the own story of the prosecution that they had stopped the car prior to 100 meters from the place of occurrence and they says that they had seen the incident from a distance of 100 meters. It has further been contended that all the accused persons belongs to different village and it is admitted that no identification has been done of the present appellant.
Learned A.G.A. has opposed the prayer for bail.
In view of the aforesaid, let the appellant-Jasvendra Kumar alias Yashvinder convicted and sentenced in S.T. No. 78/2011 (State Vs. Jasvendra Kumar alias Yashvinder), relating to Case Crime No. 222 of 2010, u/s 302 IPC PS Shikarpur, District Bulandshahar 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.
Fifty percent of the fine shall be deposited by the appellant within a period of one month from the date of his release and balance fifty percent of fine shall remain stayed during the pendency of this appeal.
In case of default in depositing fifty percent of fine within the aforesaid period, the same shall be recovered in accordance with law.
Order Date :- 17.9.2018 Manish Tripathi