Court No. - 71
Case :- JAIL APPEAL No. - 423 of 2018 Appellant :- Pappu Maurya Respondent :- State Of U.P.
Counsel for Appellant :- From Jail,Amar Bahadur Maurya Counsel for Respondent :- A.G.A.
Hon'ble Siddharth,J.
Order on the Criminal Appeal List this appeal for hearing in due course.
Order on the Criminal Misc. Bail Application Heard learned counsel for the appellant and learned A.G.A. for the State.
The submission is that the victim is a major and married woman. It has come in evidence that there is prior enmity of victim with the accused since the elder brother of her husband was murdered by him and his one son also died and his dead body was thrown on the railway track and the appellant was also involved in the aforesaid murder. However she has also admitted that she did not lodged any FIR regarding the death of her son but has admitted her enmity with him. It has further been argued that the doctor has not found any injury on the person of victim in the medical report and the victim is major. The appellant is in jail since 30.01.2016. The maximum sentence is 10 years. This appeal is of the year 2018 and it is not likely to be decided in near future.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the appellant.
Considering the arguments advanced, facts and circumstances of the case as well as the sentence awarded to the appellant, this court is of the opinion that the appellant is entitled to be released on bail.
Let the appellant, Pappu Maurya, convicted and sentenced in Session Trial No. 630 of 2016 (State vs. Pappu Maurya) arising out of Case Crime No. 367 of 2015, under Sections 450, 376 and 506 I.P.C., Police Station- Subsh Nagar, District- Bareilly, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
In case deposited the amount of Rs. 5,000/- as fine he shall be enlarged on bail.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Order Date :- 21.2.2019 Rohit