Court No. - 4
Case :- CRIMINAL APPEAL No. - 2363 of 2018 Appellant :- Om Prakash Gupta Respondent :- State Of U.P.
Counsel for Appellant :- Subhash Chandra Tiwari Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the judgement and order dated 19.3.2018 passed by learned Additional District and Sessions Judge, Court No. 9, Kanpur Nagar in Session Trial No. 817 of 2006 (State of U.P. Vs. Om Prakash Gupta) arising out of Case Crime No.745 of 2004, under Section-304 I.P.C., Police Station-Kalyanpur District- Kanpur Nagar by which the applicant-appellant has been convicted for life imprisonment and fine of Rs.50,000/- in under Section-304 Part-I of I.P.C. and in default of payment of fine one year additional simple imprisonment. The applicant/appellant is seeking enlargement on bail during the pendency of this appeal before the Court.
It is submitted by learned counsel for the appellant that the FIR in this case was lodged after an inordinate and unexplained delay of 23 hours, although, the police station is just across the road from the place of occurrence.
Learned counsel for the appellant next submitted that the prosecution case is that the appellant along with his two sons had caused injuries to the deceased with the butt of a country-made pistol and iron rod, but the post mortem of the deceased indicates only one injury author whereof is not known, which gives rise to a very strong suspicion that after the deceased was found in an injured state, first information report was lodged after due deliberations and consultations falsely implicating the appellant, who is absolutely innocent and has not committed any offence.
He lastly submitted that the applicant/appellant, who has no criminal antecedents to this credit and is in jail since 19.3.2018 and since there is no likelihood of this appeal being heard in near future due to heavy backlog of pending criminal appeals before this Court is entitled to be released on bail during the pendency of this appeal.
Learned A.G.A. has vehemently opposed the prayer for bail.
After considering the submissions advanced by learned counsel for the applicant/appellant and without expressing any opinion on the merits of the case, this Court is of the view that the applicant/appellant is entitled to be enlarged on bail during the pendency of this trial.
Let the applicant/appellant-Om Prakash Gupta be released on bail on his executing a personal bond and furnishing two sureties in the like amount to the satisfaction of the Court concerned in Session Trial No. 817 of 2006 (State of U.P. Vs. Om Prakash Gupta) arising out from impugned FIR lodged in Case Crime No.745 of 2004, under Section-304 I.P.C., Police Station-Kalyanpur District-Kanpur Nagar.
It is further directed that recovery of 50% of fine from the applicant/appellant shall remain stayed.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
Let the paper book be prepared.
List this appeal for hearing in due course.
Order Date :- 31.8.2018 S Rawat