Court No. - 52
Case :- CRIMINAL APPEAL No. - 4687 of 2018 Appellant :- Pramod Kumar Respondent :- State Of U.P.
Counsel for Appellant :- Shashi Dhar Pandey,Sudhanshu Kumar Singh Counsel for Respondent :- G.A.,Anand Kumar Pandey,Kamini Pandey (Dubey)
Hon'ble Rajul Bhargava,J.
Heard Sri Shashi Dhar Pandey, learned counsel for the appellant, Sri Anand Kumar Pandey, counsel for the informant, learned AGA for the State and perused the record.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 29.6.2018 passed by Additional Session Judge, court no. 3, Firozabad in S.T. No. 719 of 2014, arising out of Case Crime No. 303 of 2014, u/s 323, 452, 354, 504, 506 IPC, P.S. Basai Mohammadpur, District Firozabad.
The submission of learned counsel for the applicant is that general role of assault and outraging modesty has been alleged against the appellant and two other co-accused; it is stated that other two co-accused Hari Narain and Ram Naresh have been granted bail in Criminal Appeal no. 3744 of 2018 vide order dated 29.8.2018. It is stated that case of the appellant stands exactly at par on the same footing of that of other co-accused who have been granted bail, therefore, on the ground of parity the appellant may be enlarged on bail. There is no possibility of early disposal of the appeal due to heavy dockets.
Learned AGA opposed the prayer for bail, however, he could not dispute that similarly placed co-accused have been granted bail.
In the facts of the case, without expressing anything on the merit of the case I am satisfied that a case for grant of bail to the applicant is made out. The Bail Application is allowed.
Let the applicant-appellant Pramod Kumar convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail subject to his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant criminal appeal.
The 50% fine out of the total fine awarded by the court below under the impugned judgement shall be deposited by the applicant-appellant before his release on bail and rest fine shall remain stayed. List in due course for hearing.
Order Date :- 27.11.2018 Dhirendra/