Court No. - 51
Case :- CRIMINAL APPEAL No. - 5253 of 2017 Appellant :- Lalit @ Gola @ Rajendra Respondent :- State Of U.P.
Counsel for Appellant :- Prashant Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Abhai Kumar,J.
Ref:- Criminal Misc. Bail Application No. 305394 of 2017 Heard learned counsel for the applicant-appellant and learned A.G.A. for the State and perused the record.
In the present case bail is being sought in appeal against the order of conviction.
We have perused the judgment and order dated 28.7.2017 passed by the trial court convicting the appellant.
The contention as raised at the Bar by learned counsel for the appellant is that the incident is of 14.8.2012; a news was published in the news paper on 20.8.2012 for an unknown body; thereafter the body was identified and the FIR was registered on 21.10.2012 against unknown persons; subsequently, two persons, namely, Vishnu Tiwari and Rahesh @ Lamboo were arrested and whose confessional statements the name of the appellant came into light. It is next contended that it a case of circumstantial evidence and there is no last seen evidence; criminal history has been duly explained; no recovery has been made from the appellant. There is criminal history of two cases which are duly explained and inasmuch as he was on bail during trial. It is next contended that there is every likelihood of the appeal being allowed, however, there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail, however he has not disputed the aforesaid contention as made by the learned counsel for the appellant.
In view of the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The bail application no. 305394 of 2017 is allowed.
Let the applicant-appellant Lalit @ Gola @ Rajendra convicted and sentenced vide impugned judgment in S.T. No. 253 of 2013 (State Vs. Vishnu Tiwari and ohers) arising out of Case Crime No. 227 of 2012, u/s 302, 201, 392, 411 IPC, P.S. Husainganj, District Fatehpur be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The applicant - appellant is directed to deposit 25 per cent of the fine within a period of one month from the date of his release from jail. The realization of rest of the fine shall remain stayed during the pendency of the appeal. It is made clear that in case, the fine, as directed, is not deposited within the time as specified above, the same shall be recovered in accordance with law.
Order Date :- 28.2.2018
AK Pandey