Court No. - 51
Case :- CRIMINAL APPEAL No. - 2612 of 2016
Appellant :- Krishna Chand @ Bablu
Respondent :- State Of U.P.
Counsel for Appellant :- Shri Prakash Dwivedi,Deepak Verma
Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Akhilesh Chandra Sharma,J.
Order on Criminal Misc. Bail Application This is a bail application moved on behalf of appellant Krishna Chand @ Bablu in the instant criminal appeal.
Heard learned counsel for the parties and perused the record.
Contention of the learned counsel for the appellant is that the appellant is the jeth of the deceased and he had no role to play in the controversy involved in issue and as per testimony of PW-1 and PW-2 it has been admitted that appellant was living separately with his wife and also doing business separately; the appellant was on bail during trial which liberty has never been misused or abused by him and the appellant has no previous criminal history; there is 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 strongly opposed the prayer for bail.
Without expressing any opinion on the merits of the case, let the appellant- Krishna Chand @ Bablu convicted and sentenced in S.T. No. 238/2011 arising out of case crime no. 273/2011, u/s 498A, 304B, 302/34, 201 IPC & 4 D.P.Act, PS Haliya, District Mirzapur 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.
Twenty five percent of the fine shall be deposited by the appellant within a period of one month from the date of his release and balance seventy five percent of fine shall remain stayed during the pendency of this appeal. In case of default in depositing Twenty five percent of fine within the aforesaid period, the same shall be recovered in accordance with law.
Order Date :- 22.2.2018 Anand