Court No. - 43
Criminal Misc. Bail Application No.12961 of 2017 I N Case :- CRIMINAL APPEAL No. - 1958 of 2017 Appellant :- Smt. Manju Respondent :- State Of U.P.
Counsel for Appellant :- Subhash Chandra Tiwari Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the appellant and learned A.G.A. Perused the record.
Submission of counsel for the appellant is that the appellant has been convicted u/s 363 and 366 I.P.C. to undergo sentence for a period of two years and three years respectively. Further submission is that the appellant is the bhabhi of co-accused Bablu @ Sunil and Kake @ Vinod, who have been convicted to undergo sentence for ten years each. Contention is that because of being relative of co-accused, she has been falsely implicated in the case and her case is distinguishable from the aforesaid co-accused. It has been pointed out that the applicant is already on interim bail, which she has not misused. Several other submissions in order to demonstrate the falsity of the allegations made against the appellant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the appellant have also been touched upon at length. It has also been assured on behalf of appellant that she is ready to co-operate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early hearing of appeal. Counsel has attempted to point out several other inherent infirmities in the evidence and also the elements of improbability contained therein and it has been argued that with such infirmity on record there is a reasonable prospect of this appeal being allowed after final hearing takes place.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone and the unlikelihood of early conclusion of appeal, this Court is of the view that the appellant may be enlarged on bail.
Let the appellant-Smt. Manju, convicted and sentenced in S.T. No.535 of 2002, arising out of Case Crime No.274 of 2001 (State vs. Bablu alias Sunil and others), u/s 363, 366 I.P.C., P.S.-Govind Nagar, District-Kanpur be released on bail on her executing a fresh personal bond and 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 concerned shall transmit the photostat copies thereof to this Court for being kept on the record.
Order Date :- 19.4.2017 M. Kumar .
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Court No. - 43
Case :- CRIMINAL APPEAL No. - 1958 of 2017 Appellant :- Smt. Manju Respondent :- State Of U.P.
Counsel for Appellant :- Subhash Chandra Tiwari Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Bail of the appellant was heard and allowed. Admit.
Summon the lower court record.
Notice on behalf of opposite party has already been accepted by learned A.G.A.
List this appeal in due course for hearing after preparing the paper book along with the lower court record.
Order Date :- 19.4.2017 M. Kumar