Court No. - 50
Case :- CRIMINAL APPEAL No. - 5194 of 2017 Appellant :- Nripat & Another Respondent :- State Of U.P.
Counsel for Appellant :- Rahul Mishra,Brajesh Nath Rai Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicants-appellants, learned AGA for the State and perused the record.
Learned counsel for the applicants-appellants submits that applicants-appellants have been falsely implicated and have been wrongly convicted for the offences under Sections 342 and 307/34 I.P.C.; that the applicants-appellants have been sentenced with imprisonment for 10 years and fine; that the cross case of this matter regarding outraging the modesty of wife of Appellant No.2-Bhagwandas of which NCR was registered by applicant-appellant no.1 and the trial is pending against the alleged injured; that the alleged injuries of the injured were superficial in nature and no grievous injury on vital part of the body is alleged to have been caused to him which may be considered to be dangerous to life; that in the incident in question only fracture of wrists of appellant is alleged to have been caused and the case does not travel beyond the scope of Section 325 IPC; that the applicants-appellants were on bail during trial and have not misused the liberty of bail; that the applicants-appellants have explained their criminal history shown in the counter affidavit, by rejoinder affidavit as they have either been acquitted or are on bail; that the trial court has acted wrongly and illegally in convicting the accused- appellants and they have 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 the applicants-appellants have no criminal history; that the applicants-appellants undertake that they will not misuse the liberty of bail and shall remain present before the Court as and when required and they will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing.
Learned A.G.A. for the State vehemently opposed the prayer of bail and contended that the applicants-appellants have been rightly convicted for the offences; that there is sufficient evidence of offences on record against the applicants- appellants.
Considering the unlikelihood of early hearing of appeal, complicity of convicts and sentence 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 applicants-appellants Nripat and Bhagwandas be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 108 of 2014, Crime No.715 of 2011, under sections 342, 307/34 I.P.C., P.S. Kulpahad, District Mahoba, and subject to deposit of entire amount of fine imposed on them and undertaking that applicants-appellants will 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 :- 31.7.2018 Deepika