Court No. - 71
Case :- CRIMINAL APPEAL No. - 1722 of 2018 Appellant :- Rajendra Singh Respondent :- State Of U.P.
Counsel for Appellant :- Ram Bilas Yadav,Ashutosh Kumar Tiwari,Dinesh Kumar Pandey,Manu Sharma Counsel for Respondent :- 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 applicant is in jail since 22.04.2012. The maximum sentence awarded to the appellant is 12 years. The appellant has already undergone about 7 years of sentence in jail. The appellant was never enlarged on bail during trial. Counter affidavit has been filed by the state on 10.09.2018. 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, Rajendra Singh, convicted and sentenced in Sessions Trial No. 67 of 2012 (State vs. Rajendra Singh) arising out of Case Crime No. 303 of 2012, under Section 376, 451 I.P.C., Police Station- Kolhui, District- Maharajganj, 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.
The realization of half of the fine awarded to the appellant shall also remain stayed during the pendency of the appeal.
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 :- 28.2.2019 Rohit