Court No. - 51
Case :- CRIMINAL APPEAL No. - 1269 of 2018 Appellant :- Kaushal Kishor Respondent :- State Of U.P.
Counsel for Appellant :- Bhaju Ram Pprasad Sharma,Arvind Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Counter affidavit filed today, is taken on record.
Heard Sri Santosh Kumar Tiwari, learned counsel for the appellant in Criminal Appeal No. 1269 of 2018.
The contention of counsel for the appellant is to the effect that appellant has been convicted solely on the allegation at suspicion that he was having illicit relationship with the wife of the deceased and there is no active participation of the appellant in the alleged crime. As per doctor report there are no injuries on the body of the deceased and cause of death is shown poison and there is no evidence which may shows that who murdered or suicide was committed by the deceased. The further contention is that he was on bail during trial which liberty has never been misused or abused by him and the appellant has no previous criminal history; there in 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 opposed the prayer for bail.
In view of the aforesaid discussion, let the appellant- Kaushal Kishor convicted and sentenced in S.T. No. 36 of 2000 (State vs. Jayantri Pandey and others), in Case Crime No. 58 of 1996, u/s 302/34, 328/34 IPC, Police Station- Ghughuli, District Maharajganj 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.
50% of the fine as imposed shall be deposited by the appellant within a period of one month from the date of his release. In case of default in depositing the fine within the aforesaid period, the same shall be recovered in accordance with law.
Order Date :- 20.9.2018 Swati