Court No. - 50
Case :- CRIMINAL APPEAL No. - 842 of 2018 Appellant :- Karuva @ Kalicharan And Anr.
Respondent :- State Of U.P.
Counsel for Appellant :- Mahesh Chandra Tiwari,Dinesh Tiwari,Kiran Tiwari Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Re: Criminal Misc. Bail Application No.1A/1 of 2018
Counter affidavit filed today by learned AGA for the State is taken on record.
Heard learned counsel for the applicants-appellants, learned AGA for the State and perused the record.
Learned counsel for the applicants-appellants contended that the applicants-appellants are not named in the FIR and have been falsely implicated by way of subsequent improvements in the statements of the victims during investigation and wrongly convicted by court below for the offence under section 307/34 IPC and sentenced with four years rigorous imprisonment and fine; that the applicants-appellants are not named in FIR; that the applicants-appellants never visited the tube well of first informant for committing theft and did not cause injuries either to father of the first informant or to Bunny Singh, Hari Singh, Narendra Singh or Lokendra; that there are material contradictions in the statements of first informant and the alleged injured witnesses who have stated to have been allegedly seen the applicants-appellants at the time of incident and yet no reason has been assigned for not naming them in FIR; that the applicants-appellants have no criminal history; that the applicants-appellants undertake that they will not misuse the liberty of bail and shall remain present before the Court as and when required and they will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing; that the applicants-appellants have every hope of success in appeal, but there is no likelihood of disposal of appeal in near future.
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 applicants-appellants, Karuva @ Kalicharan and Raju, 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.975 of 2007, Case Crime No.385 of 2007 under section 307/34 I.P.C., P.S. Etamadpur, District Agra 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 :- 25.7.2018 Deepika