Court No. - 51
Case :- CRIMINAL APPEAL No. - 2300 of 2018 Appellant :- Ram Nath @ Bhoora Respondent :- State Of U.P.
Counsel for Appellant :- Shiv Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Counter affidavit filed by the State, is taken on record.
Heard Sri Shiv Kumar Yadav, on the first bail application in Criminal Appeal no. 2300 of 2018 on behalf of sole appellant Ram Nath @ Bhoora and Sri Rajesh Mishra learned A.G.A. appearing for the State and perused the record.
It has been contended that the appellant is on bail during trial which liberty has never been misused or abused by him and the appellant has no previous criminal history. The further contention is that he has not been named in the FIR and he is not even named in the statement of 161 Cr.P.C. During police investigation his name crept-up in the Statement of 164 Cr.P.C. and the witnesses says in his statement that they seen the appellant escaping from the window. It has been contended that its case of circumstantial evidence. There in no likelihood of the appeal being heard in near future and there is every likelihood of the appeal being allowed.
Learned A.G.A. has opposed the prayer for bail.
In view of the aforesaid discussion, let the appellant- Ram Nath @ Bhoora convicted and sentenced in S.T. No. 27 of 2005 (State of U.P. vs. Ram Nath @ Bhoora and others) Case Crime No. 81 of 2004 under sections 394, 302 IPC Police Station Moosha Nagar, District Kanpur Dehat 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.
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.
25% of the fine as imposed shall be deposited by the appellant within a period of one month from the date of his release. In case of default in depositing the fine within the aforesaid period, the same shall be recovered in accordance with law.
Order Date :- 17.9.2018 Swati