Court No. - 5
Case :- CRIMINAL APPEAL No. - 5456 of 2018 Appellant :- Rakesh @Kallu Yadav Respondent :- State Of U.P.
Counsel for Appellant :- Amber Khanna, Manoj Kumar Singh, Raj Kumar Khanna, Ratan Kumar Mishra, Sohan Lal Yadav Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Dr. Y.K. Srivastava,J.
This appeal has been taken up upon a mention being made by Shri R.K. Mishra, learned counsel for the appellant, stating that four accused including Nand Lal Yadav having similar role as in the present appeal have already been granted bail and as such present appellant may also be released on bail on the ground of parity.
Heard Shri Ratan Kumar Mishra and Shri Manoj Kumar Singh, learned counsels for the appellant and Shri Jai Narain, learned AGA for the State.
It has been pointed by the learned counsel for the appellant that the name of Shri Sohan Lal Yadav has been wrongly printed from the side of appellant as he is appearing from the side of complainant in connected Criminal Appeal No.5544 of 2018.No counter affidavit has been filed by the State or by Shri Sohan Lal Yadav in the present appeal.
We have perused the order dated 19.9.2018 passed in Criminal Appeal No. 2442 of 2017 (Nand Lal Yadav Vs. State of U.P.). Having perused the material on record and the order dated 19.9.2018 we do not find any reason to take a different view and not to extend the benefit of parity to the appellant. The evidence against the appellant and the co-accused Nand Lal Yadav is same that is of the 'last seen'. Accordingly the appellant is entitled to be enlarged on bail.
Let the accused Rakesh alias Kallu Yadav convicted and sentenced vide judgement and order dated 29.04.2017 passed by the I Additional Sessions Judge, Court No.5, Allahabad, in Session Trial No.261 of 2013 (Crime No.19 of 2013), under Sections 302 IPC read with section 34 & section 201 IPC, Police Station Nawabganj, District Allahabad, during the pendency of appeal be admitted on bail subject to his furnishing a personal bond and two sureties each of 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.
Fifty percent of the fine shall be deposited by the appellant within a period of one month from the date of his release and balance fifty percent of fine shall remain stayed during the pendency of this appeal. In case of default in depositing fifty percent of fine within the aforesaid period, the same shall be recovered in accordance with law.
Order Date :- 20.12.2018/Arnima (Dr. Y.K. Srivastava, J.) (Vikram Nath, J.)