Court No. - 12
Case :- CRIMINAL APPEAL No. - 690 of 2012 Appellant :- Rajan Respondent :- State Of U.P.
Counsel for Appellant :- Chandra Shekhar Kushwaha Counsel for Respondent :- Govt. Advocate,R.B.Sahai
Hon'ble Daya Shankar Tripathi,J.
Heard learned counsel for the appellant and learned AGA for the State.
Vide order dated 02.03.2016 non-bailable warrant was issued against the appellant-accused. He has surrendered before the Court of learned Chief Judicial Magistrate, Kushinagar on 05.02.2018 and he has been transmitted to jail. Bail application has been moved on behalf of the appellant-accused for releasing him on bail.
Learned counsel for the appellant submitted that appellant- accused was already released on bail and non-bailable warrant was issued against him on 02.03.2016, due to absence. He further submitted that the appellant-accused was enlarged on bail during trial and he has not misused the liberty of bail. He lastly submitted that this appeal is not likely to be heard in near future due to pendency of heavy docket. It has been further submitted that he undertakes to argue this appeal when paper book is ready and provided to him.
Learned A.G.A. has opposed the bail prayer of the appellant- accused and submitted that the appellant is not entitled to be enlarged on bail, but he has not disputed the aforesaid facts as submitted by learned counsel for the appellant-accused.
Considering the facts and circumstances of this case as well as arguments advanced by learned counsel for both the parties, without expressing any opinion on the merits of the case, it appears to be a fit case for bail.
Let the applicant-appellant Rajan convicted and sentenced in S.T. No.120 of 2008 arising out of Case Crime No.952 of 2007, under Sections 363, 366, 368, 376, IPC, Police Station Kasiya, District Kushinagar be released on bail on his furnishing a fresh personal bond with two sureties in the like amount to the satisfaction of the court concerned.
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.
Paper book be prepared and provided to the learned counsel for the appellant within three months, by the office.
List thereafter for hearing.
Order Date :- 22.2.2018/VKG