Court No. - 41
Case :- CRIMINAL APPEAL No. - 6026 of 2019 Appellant :- Raj @ Sonu Respondent :- State Of U.P.
Counsel for Appellant :- Rajeev Kumar Saxena Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the appellant is taken on record.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
Admit.
Summon the lower court record.
It is submitted by learned counsel for the appellant that the maximum sentence of five years imprisonment with fine has been awarded to the appellant. In this case, the appellant during trial remained in jail 2 years, 10 months and 15 days and now the appellant is in jail since 26.07.2019. It has further been submitted that in gang chart only one case has been shown against the appellant and in that case the trial is going on. The appellant is not the member of any gang and he has not committed the alleged offence. The appellant was on bail during the trial and has not misuse the liberty of bail. There is no likelihood of an early hearing of appeal in near future.
Per contra, learned A.G.A. has opposed the prayer for bail and supported the trial courts' judgment.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicants Raj @ Sonu convicted in Special Case No. 11 of 2014, under Section 3(1) U.P. Gangester and Anti Social Activity Prevention Act, P.S. Phaphund, District Auraiya be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The photocopies of the bond so furnished be transmitted to this Court to be kept on record of the appeal.
On deposit of 50% fine imposed upon the appellants, the remaining fine shall remain stayed during the pendency of the appeal.
After receipt of the lower court's record, the office is directed to list the appeal for hearing in due course.
Order Date :- 26.9.2019 Saif