Court No. - 51
Case :- CRIMINAL APPEAL No. - 7348 of 2017 Appellant :- Rakesh Jatav Respondent :- State Of U.P.
Counsel for Appellant :- Lalit Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Abhai Kumar,J.
Ref:- Criminal Misc. Bail Application No. 402791 of 2017 Heard learned counsel for the applicant-appellant and learned A.G.A. for the State and perused the record.
In the present case bail is being sought in appeal against the order of conviction.
We have perused the judgment and order dated 30.11.2017 passed by the trial court convicting the appellant.
The contention as raised at the Bar by learned counsel for the appellant is that the applicant has convicted solely on the evidence of last seen given by Rajesh and Ravi but Ravi was never examined in the trial court; apart from last seen evidence there is no other evidence against the applicant which may connect him to the alleged crime. It is next contended that cause of death is hanging and Hyoid bone was found intact. It is next contended that there is no criminal history and there is every likelihood of the appeal being allowed, however, there is no likelihood of the appeal being heard in near future.
Sri R.K. Maurya, learned A.G.A. has strongly opposed the prayer for bail, however he has not disputed the aforesaid contention as made by the learned counsel for the appellant.
In view of the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The bail application no. 402791 of 2017 is allowed.
Let the applicant-appellant Rakesh Jatav convicted and sentenced vide impugned judgment in S.T. No.30 of 2015 (State Vs. Rakesh Jatav) arising out of Case Crime No. 276 of 2014 u/s 302, 201 IPC, Police Station Shamshabad, District Agra be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The applicant - appellant is directed to deposit 50 per cent of the fine within a period of one month from the date of his release from jail. The realization of rest of the fine shall remain stayed during the pendency of the appeal. It is made clear that in case, the fine, as directed, is not deposited within the time as specified above, the same shall be recovered in accordance with law.
Order Date :- 28.2.2018
AK Pandey