Court No. - 50
Case :- CRIMINAL APPEAL No. - 4173 of 2018 Appellant :- Krishna Kumar @ Raju Respondent :- State Of U.P.
Counsel for Appellant :- Akhilesh Kumar Mishra,Dharmendra Dhar Dubey Counsel for Respondent :- G.A.,S.N. Pandey
Hon'ble Harsh Kumar,J.
Counter affidavit filed today by Sri S.N. Pandey, learned counsel for the first informant is taken on record.
Learned A.G.A. has already filed counter affidavit.
Heard learned counsel for the applicant-appellant, learned counsel for the first informant, learned AGA for the State and perused the record.
Learned counsel for the applicant-appellant submits that applicant-appellant has been falsely implicated and wrongly convicted for the offences under Sections 307/34, 323/34, 504 & 506 I.P.C.; that the applicant-appellant has been sentenced with rigorous imprisonment for a maximum period of seven years and fine under Section 307/34 I.P.C.; that during trial applicant-appellant was on bail and has not misused the liberty of bail and he is in custody since the date of judgment of conviction i.e. 24.07.2018; that as per prosecution case, the appellant has been assigned with the role of causing fire arm injury to Sheshmani Upadhyay with an intention to cause his death; that the applicant-appellant has no motive to attempt on the life of Sheshmani Upadhyay and there was no dispute between the applicant-appellant and Sheshmani Upadhyay; that actually the dispute was between the co- accused Krishan Chand and Kailash Nath Pandey; that in the incident in question Sheshmani Upadhyay is alleged to have sustained fire arm injury on his elbow and no fire arm injury or any other grievous injury is alleged to have been sustained by him on vital part of body, which may be considered to be dangerous to his life; that the applicant is suffering from illness; that the entire prosecution story is absolutely false and incorrect; that there are material contradictions in prosecution evidence; that the trial court has acted wrongly and illegally in convicting the accused- appellant and he has every hope of success in appeal; that there is no likelihood of appeal to be heard in near future due to huge pendency of old appeals before the court; that co-accused Sri Kumar @ Sanjay has been granted bail by this Court vide order dated 04.09.2018 in Criminal Appeal No. 4158 of 2018; that the applicant-appellant has no criminal history; that the applicant-appellant undertakes that he will not misuse the liberty of bail and shall remain present before the Court as and when required and he will cooperate with the hearing of appeal for which his counsel will remain present on the dates of listing.
Learned A.G.A. and learned counsel for the first informant vehemently opposed the prayer of bail and contended that the applicant-appellant has been rightly convicted for the offences; that there is sufficient evidence of offences on record against the applicant-appellant.
Considering the unlikelihood of early hearing of appeal, complicity of convicts and sentence, grant of bail to co- accused 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 applicant-appellant Krishna Kumar @ Raju be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 209 of 2005, Case Crime No.441 of 2000, under sections 307/34, 323/34, 504, 506 I.P.C., P.S. Munderwa, District Basti, and subject to deposit of entire amount of fine imposed on him and undertaking that applicant-appellant shall 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 :- 25.9.2018 Vibha