Court No. - 52
Case :- CRIMINAL APPEAL No. - 5087 of 2017 Appellant :- Kamal Singh Respondent :- State Of U.P.
Counsel for Appellant :- Paritosh Sukla Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 12.7.2017 passed by Additional District and Session Judge/ Fast Track Court Ist, Aligarh in S.T. No. 557 of 2012 (State vs. Kanchan Singh and others) arising out of Case Crime No. 267 of 2011, u/s 498A, 323, 304, 506 IPC and 3/4 D.P. Act, P.S. Jawan, District Aligarh.
The submission of learned counsel for the applicant is that on account of matrimonial discord and differences between the appellant and his wife- first informant, he has been falsely implicated in this case; infact the defence case is that eleven months old daughter of the appellant accidentally caught fire while the informant was cooking food and the allegation is that the appellant snatched his daughter from the lap of first informant and after pouring kerosene oil on her set her ablaze is absolutely false and unbelievable; it has been argued that there are some material contradictions in the statement of witnesses and the prosecution has utterly failed to prove its case beyond the shadow of reasonable doubt; lastly it is contended that maximum sentence awarded by the trial court is ten years and the appellant is in jail since 30.5.2011 i.e. seven years and six months of incarceration and the appellant has undergone major part of the sentence awarded by the trial court. There is no possibility of early disposal of the appeal due to heavy dockets.
In the facts of the case, without expressing anything on the merit of the case and considering the period of detention already undergone by the appellant I am satisfied that a case for grant of bail to the applicant is made out. The Bail Application is allowed.
Let the applicant-appellant Kamal Singh convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail subject to his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant criminal appeal.
The fine awarded by the court below under the impugned judgement shall be deposited by the applicant-appellant before his release on bail. List in due course for hearing.
Order Date :- 20.12.2018 Dhirendra/